TERMS OF SERVICE

Version: 2.0.0 Effective Date: September 1, 2026 Last Updated: September 2026

1. INTRODUCTION AND ACCEPTANCE

1.1. These Terms of Service ("Terms", "Agreement") govern your access to and use of ClevMail ("Platform", "Service"), a SaaS email marketing and automation service provided by Devi Devs Technologies S.R.L. ("DeviDevs", "we", "us", "our").

1.2. Devi Devs Technologies S.R.L. is a company incorporated under the laws of Romania, with registered office at Aleea Textiliștilor 7, Bl. MY12, Sc. 2, Et. 8, Ap. 63, Sector 3, București, registered at the Trade Registry under no. J40/13982/2023, fiscal code (CUI) 48553919.

1.3. By creating an account, accessing, or using the Platform, you ("User", "Client", "you", "your") agree to be bound by these Terms, our Privacy Policy, Cookie Policy, Acceptable Use Policy, Anti-Spam Policy, and Data Processing Agreement (collectively, the "Legal Documents"). If you do not agree to these Terms, you must not use the Platform.

1.4. If you are using the Platform on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.

2. DEFINITIONS

Term	Definition
Account	Your registered account on the Platform
Campaign	An email or series of emails sent to subscribers through the Platform
Client Data	All data, content, and materials uploaded to or generated through the Platform by or on behalf of the Client, including subscriber lists, email content, templates, and configurations
Confidential Information	Any non-public information disclosed by one Party to the other in connection with the Service, including business plans, technical data, customer lists, and pricing
Flow	An automated email sequence configured on the Platform (e.g., welcome flow, nurture flow, newsletter pipeline)
Intellectual Property	Patents, trademarks, service marks, copyrights, trade secrets, know-how, and any other intellectual property rights
Platform	ClevMail, including the web application, API, and all related services
Service Plan	The specific tier of Service purchased by the Client, with defined limits and features
Subscriber	A person whose contact information is stored on the Platform by the Client for the purpose of receiving email communications
Subscriber Data	Personal data of Subscribers processed through the Platform, including email addresses, names, tags, consent records, and engagement data

3. DESCRIPTION OF SERVICE

3.1. Platform Features

The Platform provides the following services:

(a) Subscriber Management — import, store, segment, and manage email subscriber lists
(b) Campaign Creation and Sending — create, schedule, and send email campaigns and newsletters
(c) Email Automation — configure automated email flows triggered by subscriber actions or schedules
(d) AI Content Generation — generate newsletter content using AI (Claude by Anthropic, Gemini by Google)
(e) Email Templates — design and manage reusable email templates with branding
(f) News Scraping — automated collection of relevant news articles for newsletter content
(g) Analytics and Reporting — track email delivery, opens, clicks, bounces, and other engagement metrics
(h) Multi-Client Management — manage multiple clients from a single agency dashboard
(i) Own Sending Domain — per-client domain verification (SPF, DKIM, DMARC) so emails are delivered from the client's own address
(j) Public Reports — shareable monthly performance reports for clients

3.2. Service Plans

The specific features, limits, and pricing of each Service Plan are described on our website or in a separate order form. DeviDevs reserves the right to modify Service Plans, with at least thirty (30) days' prior notice for changes affecting existing Clients.

3.3. Service Availability

DeviDevs shall use commercially reasonable efforts to make the Platform available 24 hours a day, 7 days a week, except for:

(a) planned maintenance (with reasonable advance notice);
(b) force majeure events (see Section 15);
(c) circumstances beyond our reasonable control (third-party service outages, etc.).

3.4. AI Content Transparency

The Platform uses third-party AI systems (Claude by Anthropic, Gemini by Google) to generate newsletter content. In accordance with Regulation (EU) 2024/1689 ("EU AI Act"):

(a) AI-generated content is clearly identified as such within the Platform interface;
(b) the Client retains full editorial control and responsibility for reviewing, modifying, and approving AI-generated content before distribution;
(c) DeviDevs ensures that personnel involved in operating AI systems maintain sufficient AI literacy as required by Art. 4 of the EU AI Act;
(d) the Client acknowledges that AI-generated content may require human review and editing before use, and that the Client assumes editorial responsibility for published content.

3.5. Service Availability

DeviDevs will use commercially reasonable efforts to maintain Platform availability. The Platform may experience scheduled maintenance and occasional downtime. DeviDevs will endeavour to provide advance notice of planned maintenance where practicable.

DeviDevs shall not be liable for any unavailability caused by factors outside its reasonable control, including internet connectivity issues, third-party service outages, or force majeure events (Section 15).

4. ACCOUNT REGISTRATION AND SECURITY

4.1. Account Creation. To use the Platform, you must create an account by providing accurate and complete information. You must keep your account information up to date.

4.2. Account Security. You are responsible for:

(a) maintaining the confidentiality of your account credentials;
(b) all activities that occur under your account;
(c) notifying DeviDevs immediately of any unauthorised use of your account or any other security breach.

4.3. Account Restrictions. DeviDevs may refuse registration, suspend, or terminate any account that:

(a) provides false or misleading registration information;
(b) violates these Terms or any of the Legal Documents;
(c) is used for prohibited activities as defined in the Acceptable Use Policy.

5. CLIENT'S OBLIGATIONS AND RESPONSIBILITIES

5.1. Legal Compliance

The Client is responsible for ensuring that its use of the Platform complies with all applicable laws, including but not limited to:

(a) GDPR and applicable data protection laws — obtaining and maintaining valid consent from Subscribers;
(b) Legea 506/2004 — compliance with Romanian anti-spam regulations;
(c) CAN-SPAM Act — if sending to US recipients;
(d) any industry-specific regulations applicable to the Client's business.

5.2. Subscriber Data

The Client warrants that:

(a) all Subscriber Data uploaded to the Platform has been collected lawfully, with appropriate consent;
(b) the Client has a valid legal basis for processing each Subscriber's data;
(c) the Client will maintain accurate and up-to-date consent records;
(d) the Client will promptly honour Data Subject requests (access, rectification, erasure, etc.).

5.3. Email Content

The Client is solely responsible for the content of all emails sent through the Platform and warrants that such content:

(a) complies with all applicable laws and regulations;
(b) does not infringe the intellectual property rights of any third party;
(c) complies with the Anti-Spam Policy and Acceptable Use Policy;
(d) includes a valid unsubscribe mechanism and sender identification as required by law.

5.4. Data Processing Agreement

The Client acknowledges that the processing of Subscriber Data through the Platform is governed by the Data Processing Agreement (DPA), which forms an integral part of this Agreement. The DPA defines the roles, obligations, and responsibilities of each Party regarding data protection.

6. DEVIDEVS' OBLIGATIONS

6.1. DeviDevs shall:

(a) provide the Platform in accordance with these Terms and the applicable Service Plan;
(b) use commercially reasonable efforts to ensure the Platform is secure, available, and performs as described;
(c) process Subscriber Data only in accordance with the Client's documented instructions and the DPA;
(d) notify the Client of any data breach in accordance with the DPA;
(e) maintain appropriate technical and organisational security measures as described in the DPA;
(f) provide reasonable support to resolve Platform issues.

6.2. DeviDevs shall NOT:

(a) use Client Data for any purpose other than providing the Service;
(b) disclose Client Data to third parties except as required by law, authorised by the Client, or necessary for the provision of the Service (via authorised Sub-processors);
(c) sell or rent Subscriber Data to any third party.

7. PAYMENT TERMS

7.1. Fees

The Client shall pay the fees specified in the applicable Service Plan or order form. All fees are:

(a) quoted in EUR (or RON, as specified);
(b) exclusive of VAT and other applicable taxes, which will be added where required;
(c) non-refundable except as expressly provided in these Terms.

7.2. Billing

(a) Fees are billed monthly in advance (or annually, if agreed).
(b) Payment is due within fifteen (15) days of the invoice date.
(c) DeviDevs will issue invoices in compliance with Romanian fiscal legislation.

7.3. Late Payment

(a) If payment is not received within the due date, DeviDevs may charge late payment interest at the rate provided by Romanian law (Legea 72/2013 regarding combating late payment in commercial transactions).
(b) If payment is overdue by more than thirty (30) days, DeviDevs may suspend the Service with seven (7) days' written notice.
(c) Suspension for non-payment does not relieve the Client of its obligation to pay outstanding fees.

7.4. Price Changes

DeviDevs may change its prices with at least sixty (60) days' prior written notice. Price changes shall not affect the current billing period.

8. INTELLECTUAL PROPERTY

8.1. Platform Ownership

The Platform, including all software, design, functionality, documentation, and branding, is and remains the exclusive property of DeviDevs. These Terms do not grant the Client any ownership rights in the Platform.

8.2. Client Content

The Client retains all rights in Client Data, including Subscriber Data, email content, templates, and branding materials uploaded to the Platform. The Client grants DeviDevs a limited, non-exclusive license to use Client Data solely for the purpose of providing the Service.

8.3. AI-Generated Content

Content generated by the Platform's AI features (newsletter text, subject lines, etc.) is provided to the Client for its use in connection with the Service. DeviDevs does not claim ownership of AI-generated content delivered to the Client.

8.4. Feedback

If the Client provides feedback, suggestions, or ideas about the Platform, DeviDevs may use such feedback without any obligation or compensation to the Client.

8.5. Restrictions

The Client shall not:

(a) copy, modify, or create derivative works of the Platform;
(b) reverse engineer, decompile, or disassemble the Platform;
(c) sublicense, resell, or redistribute access to the Platform without DeviDevs' prior written consent;
(d) remove or alter any proprietary notices on the Platform.

9. CONFIDENTIALITY

9.1. Each Party agrees to keep the other Party's Confidential Information confidential and not to disclose it to any third party, except:

(a) to employees, contractors, or advisors who need to know and are bound by confidentiality obligations;
(b) as required by law, regulation, or court order (with prompt notice to the other Party, unless prohibited);
(c) with the prior written consent of the disclosing Party.

9.2. Confidential Information does not include information that:

(a) is or becomes publicly available through no fault of the receiving Party;
(b) was already known to the receiving Party prior to disclosure;
(c) is independently developed by the receiving Party without use of the Confidential Information;
(d) is rightfully received from a third party without restriction.

9.3. Upon termination of this Agreement, each Party shall return or destroy the other Party's Confidential Information, subject to legal retention requirements.

10. DATA PROTECTION

10.1. Roles. In the context of the Platform:

The Client is the Data Controller for Subscriber Data;
DeviDevs is the Data Processor processing Subscriber Data on behalf of the Client.

10.2. DPA. The processing of Subscriber Data is governed by the Data Processing Agreement, which is incorporated by reference into these Terms.

10.3. DeviDevs as Controller. DeviDevs acts as an independent Data Controller for:

(a) Client account data (name, email, billing information);
(b) Platform usage data (for service improvement, analytics, and security);
(c) Data collected through our website (as described in our Privacy Policy).

10.4. The Client is responsible for providing appropriate privacy notices to its Subscribers and ensuring that any processing instructions given to DeviDevs comply with applicable data protection laws.

11. SUSPENSION AND TERMINATION

11.1. Termination by Client

The Client may terminate this Agreement at any time by:

(a) providing thirty (30) days' written notice to DeviDevs; or
(b) immediately, if DeviDevs materially breaches these Terms and fails to remedy the breach within thirty (30) days of written notice.

11.2. Termination by DeviDevs

DeviDevs may terminate this Agreement:

(a) with thirty (30) days' written notice for any reason;
(b) immediately, if the Client materially breaches these Terms, the AUP, or the Anti-Spam Policy and fails to remedy the breach within fourteen (14) days of written notice;
(c) immediately, without prior notice, in cases of severe violations (spam, phishing, malware, illegal content, or any activity posing immediate risk to the Platform or other users).

11.3. Suspension

DeviDevs may suspend the Client's access to the Platform:

(a) in accordance with the enforcement procedures in the AUP and Anti-Spam Policy;
(b) for non-payment as described in Section 7.3;
(c) if required by law enforcement or regulatory authorities;
(d) if the Client's use poses a security risk to the Platform or other users.

11.4. Effect of Termination

Upon termination:

(a) the Client's access to the Platform will be deactivated;
(b) the Client may export its data within the thirty (30) day notice period using the Platform's export functionality;
(c) after the notice period (or immediately in case of termination for severe violations), DeviDevs will delete Client Data in accordance with the DPA (within 30 days);
(d) all outstanding fees become immediately due and payable;
(e) Sections 8, 9, 10, 12, 13, and 14 survive termination.

11.5. Data Export

Upon the Client's request during the notice period, DeviDevs shall provide the Client's data in a commonly used, machine-readable format (CSV or JSON), in accordance with the DPA.

11.6. Switching Rights (Data Act)

In accordance with Regulation (EU) 2023/2854 ("Data Act"), Chapter VI:

(a) the Client may switch to another service provider at any time, subject to the notice period in Section 11.1;
(b) DeviDevs shall not impose technical, contractual, or commercial barriers to switching;
(c) upon termination, the Client shall have a transition period of at least thirty (30) days during which the Platform remains accessible for data migration;
(d) data export shall be provided in commonly used, machine-readable, and interoperable formats (CSV, JSON) at no additional charge;
(e) DeviDevs shall provide reasonable assistance with data migration to a successor service, at commercially reasonable rates;
(f) the functional equivalence of data exported (i.e., data remains usable in another service) shall be ensured to the extent technically feasible.

12. LIMITATION OF LIABILITY

12.1. Maximum Liability

To the maximum extent permitted by applicable law, DeviDevs' total aggregate liability under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the total fees paid by the Client to DeviDevs during the twelve (12) months immediately preceding the event giving rise to the claim.

12.2. Exclusion of Indirect Damages

To the maximum extent permitted by applicable law, neither Party shall be liable to the other for any:

(a) indirect, incidental, special, consequential, or punitive damages;
(b) loss of revenue, profits, business, goodwill, or anticipated savings;
(c) loss of data (except as provided in the DPA);
(d) cost of procuring substitute services;

whether foreseeable or not, and regardless of whether such Party has been advised of the possibility of such damages.

12.3. Exceptions

The limitations in this Section 12 do NOT apply to:

(a) either Party's liability for death or personal injury caused by negligence;
(b) either Party's liability for fraud or fraudulent misrepresentation;
(c) the Client's obligation to pay fees under Section 7;
(d) either Party's indemnification obligations under Section 13;
(e) liability that cannot be limited or excluded under applicable law;
(f) liability under GDPR Art. 82 (compensation for data subjects).

12.4. Allocation of Risk

The Client acknowledges that the fees charged by DeviDevs reflect the allocation of risk set out in these Terms. The limitations and exclusions in this Section 12 are reasonable.

13. INDEMNIFICATION

13.1. Client Indemnification

The Client shall indemnify, defend, and hold harmless DeviDevs, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to:

(a) the Client's breach of these Terms, the AUP, or the Anti-Spam Policy;
(b) the Client's violation of applicable laws, including data protection and anti-spam laws;
(c) the Client's email content or use of the Platform;
(d) claims by Subscribers or third parties arising from the Client's failure to obtain valid consent;
(e) the Client's infringement of third-party intellectual property rights.

13.2. DeviDevs Indemnification

DeviDevs shall indemnify, defend, and hold harmless the Client from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to:

(a) DeviDevs' breach of its obligations under the DPA;
(b) any claim that the Platform infringes the intellectual property rights of a third party.

13.3. Indemnification Procedure

The indemnified Party shall:

(a) promptly notify the indemnifying Party in writing of any claim;
(b) give the indemnifying Party sole control of the defence and settlement of the claim;
(c) provide reasonable cooperation at the indemnifying Party's expense.

14. DISPUTE RESOLUTION

14.1. Amicable Resolution. The Parties shall first attempt to resolve any dispute arising out of or in connection with these Terms through good-faith negotiation. Either Party may initiate the negotiation process by sending written notice to the other Party describing the dispute.

14.2. Mediation. If the dispute is not resolved through negotiation within thirty (30) days, either Party may propose mediation before a mediator agreed upon by both Parties, in accordance with Romanian mediation law (Legea 192/2006).

14.3. Jurisdiction. If the dispute is not resolved through negotiation or mediation, it shall be submitted to the exclusive jurisdiction of the competent courts of Bucharest, Romania.

14.4. Governing Law. These Terms shall be governed by and construed in accordance with the laws of Romania, without regard to its conflict of laws principles.

15. FORCE MAJEURE

15.1. Neither Party shall be liable for any failure or delay in performing its obligations under these Terms to the extent that such failure or delay results from circumstances beyond the Party's reasonable control ("Force Majeure"), including but not limited to:

natural disasters, epidemics, pandemics;
war, terrorism, civil unrest;
government actions, sanctions, embargoes;
failure of third-party telecommunications or power supply;
cyberattacks or widespread internet outages;
third-party service provider outages (AWS, Supabase, Vercel, Render).

15.2. The affected Party shall promptly notify the other Party and use reasonable efforts to mitigate the impact.

15.3. If a Force Majeure event continues for more than sixty (60) days, either Party may terminate this Agreement with immediate effect by written notice.

16. GENERAL PROVISIONS

16.1. Entire Agreement. These Terms, together with the Privacy Policy, Cookie Policy, Anti-Spam Policy, Acceptable Use Policy, Data Processing Agreement, and any applicable order form, constitute the entire agreement between the Parties and supersede all prior agreements and understandings.

16.2. Amendments. DeviDevs may amend these Terms by publishing the updated version on its website. Material changes will be communicated with at least thirty (30) days' prior notice. Continued use of the Platform after the effective date constitutes acceptance.

16.3. Assignment. The Client may not assign this Agreement without DeviDevs' prior written consent. DeviDevs may assign this Agreement in connection with a merger, acquisition, or sale of all or substantially all of its assets.

16.4. Severability. If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.

16.5. Waiver. No failure or delay by either Party in exercising any right under these Terms shall constitute a waiver of that right.

16.6. Notices. All notices under these Terms shall be in writing and sent to the contact details registered with the Platform (for the Client) or to salut@clevmail.ro (for DeviDevs). Notices by email are deemed received on the next business day.

16.7. Language. These Terms are drafted in English. If translated into another language, the English version shall prevail in case of discrepancy.

16.8. No Third-Party Beneficiaries. These Terms are for the benefit of the Parties only and do not create any third-party beneficiary rights, except as expressly provided in the DPA (Data Subject rights under GDPR Art. 82).

17. RELATED LEGAL DOCUMENTS

These Terms should be read in conjunction with the following documents, which form part of the overall agreement:

Document	Description	Location
Privacy Policy	How we collect and process personal data	/privacy-policy
Cookie Policy	How we use cookies and similar technologies	/cookie-policy
Anti-Spam Policy	Email compliance requirements	/anti-spam-policy
Acceptable Use Policy	Rules for using the Platform	/acceptable-use-policy
Data Processing Agreement	Data protection obligations between Controller and Processor	/dpa

18. CONTACT INFORMATION

Devi Devs Technologies S.R.L.

Address: Aleea Textiliștilor 7, Bl. MY12, Sc. 2, Et. 8, Ap. 63, Sector 3, București
Email: salut@clevmail.ro
Trade Registry: J40/13982/2023
CUI: 48553919
Website: https://clevmail.ro

For data protection inquiries: privacy@devidevs-agency.com For abuse reports: salut@clevmail.ro

19. REGULATORY COMPLIANCE REFERENCES

Key regulations relevant to the Service include:

Regulation (EU) 2016/679 (GDPR)
Regulation (EU) 2024/1689 (EU AI Act)
Regulation (EU) 2023/2854 (Data Act)
Legea nr. 190/2018 (Romanian GDPR implementation)
Legea nr. 506/2004 (electronic communications)
Legea nr. 365/2002 (electronic commerce)
Legea 72/2013 (combating late payment in commercial transactions)
Legea 192/2006 (mediation)
Directive 2002/58/EC (ePrivacy)

Document ID: ToS-v2.0.0 Classification: Public This document does NOT constitute legal advice and should be reviewed by a qualified legal professional before publication.