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Everinbox Platform Terms of Use.

(Last updated: July 8, 2025)

These Terms of Use ("Terms") govern your access to and use of the Everinbox Platform, as defined in Clause 1 below, which is made available by EVERINBOX TECNOLOGIA E INFORMAÇÃO LTDA. , a limited liability company headquartered at Avenida Dr. Dib Sauaia Neto, nº 1600, sala 32, Alphaville, Barueri/SP, CEP 06.460‑003, registered with the CNPJ/MF under No. 57.453.692/0001‑40, as well as its parent companies, subsidiaries, representatives, and affiliates (collectively, "Everinbox").

Through these Terms, Everinbox presents to Users the essential conditions for the use of the services offered on the Platform.

By using the Platform or the services offered by Everinbox, Users accept and submit to the conditions of these Terms and the Privacy Policy, as well as all documents related thereto.

1. EVERINBOX'S MISSION

1.1. Everinbox is a digital platform developed to facilitate the creation, sending, IP warm-up, monitoring, and automation of high-volume email marketing campaigns. With engagement-based segmentation, list validation, and deliverability dashboards, the Platform boosts inbox placement, engagement, and ROI.

2. DEFINITIONS

  • Platform or Everinbox Platform: the digital environment provided by Everinbox for managing email marketing campaigns, automation, and segmentation.
  • Price: the amount owed by the User for use of the Platform.
  • User: an individual or legal entity that accesses and uses the services made available on the Platform.
  • Campaign: a set of messages sent by email to a contact base registered by the User.
  • Segmentation: a feature that allows the creation of filters and criteria for sending Campaigns to specific audiences.
  • Automation: a feature that enables the creation of automated flows for sending and tracking Campaigns.
  • Services: all features and utilities made available on the Platform.

3. FEATURES OFFERED BY EVERINBOX THROUGH THE PLATFORM.

3.1. Everinbox makes available, through its Platform, a set of features aimed at the strategic management of email marketing campaigns, with a focus on efficiency, personalization, and scalability. The main available features include, but are not limited to:

(i) Email Marketing Campaigns:

The Campaigns feature allows Users to create, customize, and run email campaigns with ease and flexibility. The main available features include:

  • Campaign Creation and Editing: Intuitive interface for composing emails with visual features (drag and drop), layout customization, and the inclusion of images, videos, links, and calls to action (CTA);
  • Dynamic Personalization: Insertion of dynamic variables into content, such as the recipient's name, company, industry, among others, to increase open and engagement rates;
  • Send Scheduling: Send scheduling based on specific dates, optimized times, or previously defined behavioral events;
  • A/B Testing: Running tests with content and subject line variations to analyze performance and identify the best-performing version;
  • Real-Time Reports: Analytics dashboard with metrics such as open rate, clicks, unsubscribes, deliverability, replies, and conversions;
  • Active Campaign Management: Ability to pause, edit, or delete ongoing campaigns, with full operational control.

(ii) Contact Segmentation:

The Platform allows the creation of highly specific and personalized segments based on multiple criteria, enabling more targeted and relevant actions:

  • Advanced Filters: Segmentation by demographic data, location, browsing behavior, engagement with previous campaigns, among others;
  • Smart Lists: Creation of dynamic lists that update automatically according to rules defined by the User;
  • Import and Integration: Import of contacts via CSV file;

(iii) Marketing Automation:

Through automation, Users can create intelligent email flows based on recipients' events and behaviors, optimizing the relationship with the audience:

  • Automated Flows: Creation of automatic sending journeys based on events such as newsletter sign-up, cart abandonment, content download, inactivity, among others;
  • Visual Flow Editor: Graphical tool for designing automation flows with conditional actions and branches;
  • Real-Time Monitoring and Adjustments: Continuous monitoring of automation flows with the ability to make adjustments during execution;

(iv) Tags: The Platform allows the unlimited creation of tags and offers segmented export based on custom criteria.

(v) Templates: Unlimited template library with advanced features, such as an intuitive visual editor, rendering tests (preview) on different devices, and versioning to track changes.

4. LIMITATIONS OF EVERINBOX'S LIABILITY

4.1. Upon registering in the virtual environment of the Everinbox Platform, the User must express complete and unrestricted agreement with the terms and conditions set forth in these Terms, of which the User hereby declares to have full knowledge, and is bound by all of the provisions and conditions provided herein.

4.2. The utilities provided by Everinbox through the Platform and described in Clause 3 are provided in accordance with the technical instructions set forth on the Platform. Everinbox reserves the right, at its discretion, to add, replace, or modify features to evolve the Platform for purposes of feature improvements or bug resolution, provided that such modifications do not result in the loss of any original purposes of the Service.

4.3. The User acknowledges that the Platform is subject to continuous updates, testing, maintenance, and improvements, which may cause occasional delays, temporary errors, or failures in sending messages. Everinbox's liability for failures proven to be attributable to it shall be limited, at its sole discretion, to: (i) a new attempt to send the message(s); or (ii) the granting of a credit proportional to the value of the affected service.

4.4. Everinbox acts exclusively as a provider of the technological tool, and is responsible for the availability, maintenance, and technical support of the Platform. However, Everinbox does not exercise editorial or managerial control over the content of the campaigns created by Users, nor over their contact bases.

4.5. The User is solely and exclusively responsible for:

  • Ensuring that the content of campaigns complies with the applicable legislation, including, but not limited to, Lei nº 13.709/18 ("General Data Protection Law" or "LGPD"), Lei nº 8.078/90 ("Consumer Protection Code" or "CDC"), and commercial communication rules;
  • Where applicable, obtaining free, informed, and unambiguous consent from recipients, as required by the LGPD and other applicable regulations;
  • Keeping its contact lists up to date, excluding recipients who choose to unsubscribe (opt-out);
  • Not using the Platform to convey content that may be considered offensive, discriminatory, misleading, unlawful, or in violation of third-party rights, including copyright, image rights, or intellectual property.
  • Not sending or transmitting any type of information that induces, incites, or results in discriminatory attitudes, violent or criminal messages that violate morality and good customs and that are contrary to public order; that harasses or invades the privacy of third parties, is racially or ethnically offensive, or is otherwise unacceptable because it causes risks or damages to the image of Everinbox, or material or moral damages to Everinbox;
  • Not registering with false information or information belonging to third parties;
  • Not sending any non-public information about Everinbox or any other company or person without due authorization. This includes providing information (email, address, telephone, and others) of a clearly personal nature of the user themselves or of third parties;
  • Not violating the privacy of other Internet users;
  • Not infringing any patent, registered trademark, trade secret, copyright, or other intellectual property rights of third parties;
  • Not using the Services available on the Platform for purposes other than those for which they are intended;
  • Not using the Platform for purposes other than those normally expected of Users who access it, as described in these Terms in Clauses 1 and 3.

4.6. Everinbox does not guarantee the delivery of emails directly to recipients' inboxes, since such delivery depends on external factors, such as provider policies, sender reputation, and recipients' settings.

4.7. Everinbox will use commercially reasonable efforts to keep the Platform continuously available, 24 (twenty-four) hours a day, 7 (seven) days a week, except for scheduled or emergency interruptions. However, Everinbox does not guarantee uninterrupted availability of the Platform, nor the delivery of 100% of messages or their placement in the inbox (inbox placement).

4.8. Everinbox may, at its sole discretion, suspend or delete the accounts of Users who violate these Terms or applicable law, or who use the Platform improperly, without prejudice to any applicable administrative, civil, and criminal measures.

4.9. The User agrees that it is solely responsible for compliance with any laws, rules, or regulations applicable to its activities, as well as for the use of the Platform in accordance with these Terms.

5. MODIFICATION/ TERMINATION

5.1. Everinbox reserves the right to modify these Terms at any time, in accordance with this provision. If changes are made to these Terms, the revised Terms will be published on Everinbox's corporate website, and the "Last updated" date will be changed at the top of these Terms. If the User does not agree with the revised Terms, the User must stop using the Platform. The User's continued access to or use of the Platform will constitute acceptance of the revised Terms.

5.2. In addition, Everinbox reserves the right to modify or cancel the User's access to the Platform for any of the reasons described in the SaaS Platform License and Email Deliverability Services Agreement ("License Agreement") entered into between the User and Everinbox, as well as as a result of a violation of these Terms.

6. LICENSE OF USE

6.1. Subject to compliance with these Terms, Everinbox grants the User a limited, non-exclusive, non-transferable, non-sublicensable, paid license to access and use the Platform, made available under the software-as-a-service (SaaS) model, exclusively for the User's own commercial purposes.

6.2. These Terms and the use of the Platform do not grant or confer upon you any right: (i) over the Platform, except for the limited license granted above and through the SaaS Platform License and Email Deliverability Services Agreement; or (ii) to use or in any way reference Everinbox's names, logos, product or Service names, and trademarks, whether registered or not.

6.3. The User may not: (i) remove any copyright, trademark, or other intellectual property notice from any part of the Platform; (ii) reproduce, modify, prepare derivative works of, distribute, license, lease, sell, resell, transfer, display, broadcast, transmit, or otherwise exploit the features made available on the Platform, except as expressly permitted by Everinbox; (iii) decompile, reverse engineer, or disassemble the Services, except as permitted by applicable law; (iv) link to, mirror, or frame any part of the Services; (v) create or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise obtaining data from any part of the Platform, or of unduly overloading or impairing the operation and/or functionality of any aspect of the Platform; or (vi) attempt to gain unauthorized access to the Platform or impair any aspect of the Platform or its related systems or networks.

7. USER ACCOUNTS

7.1. To use the Platform, the User must register and maintain a Business Account linked to a single CNPJ. The Company undertakes to keep the registration data associated with the Account up to date, including, but not limited to, CNPJ, corporate name, address, privacy policy, and billing information. The User agrees to maintain accurate, complete, and up-to-date information in its Account. If the User does not maintain accurate, complete, and up-to-date information in its Account, the User may be unable to access and use the Platform or make payments, or may even be subject to termination of these Terms by Everinbox, of which the User is hereby made aware. The User is responsible for all activities carried out in its Account and agrees to keep the username and password of its Account secure and confidential at all times.

7.2. Each sender domain used on the Platform will correspond to a distinct Project. The creation of multiple Projects under a single Business Account is permitted, provided that each Project has a unique name and is linked to its own privacy policy.

8. USER CONDUCT AND OBLIGATIONS

8.1. The User may not assign or otherwise transfer its Account to any other person or entity.

8.2. The User may not use the Platform for any unlawful or discriminatory purposes.

8.3. The User may not use the Platform in a manner that harms Everinbox's reputation.

8.4. The User agrees to comply with all applicable laws when using the Platform, including the LGPD, and that it may use it only for legitimate purposes.

8.5. In certain situations, the User may be asked to prove its identification data in order to access or use the Platform, and agrees that its access to or use of the Services may be denied if it refuses to provide its identification data

9. CONTENT PROVIDED BY THE USER

9.1. The User represents and warrants that it holds all rights, licenses, authorizations, and permissions necessary over the content it inserts, hosts, or transmits through the Platform, including, but not limited to, texts, images, trademarks, trade names, databases, and files in general ("User Content").

9.2. The User acknowledges that it is solely and exclusively responsible for the User Content, answering in full for any legal violation arising from its insertion, publication, or improper use, including any violation of intellectual property, privacy, publicity, or other third-party rights.

9.3. The User grants Everinbox, free of charge, a limited, non-exclusive, revocable, and non-sublicensable license to store, reproduce, and use the User Content solely to the extent necessary for the proper provision of the Services, during the term of the contractual relationship with the User.

9.4. Everinbox does not perform prior editorial control of the User Content, but may, at its sole discretion or upon notice from third parties, remove, suspend, or restrict content that violates these Terms, applicable law, or third-party rights, without the need for prior notice and without such act giving rise to any right to compensation.

10. TRADEMARKS

10.1. The trademarks, logos, trade names, and other distinctive signs displayed on the Platform are owned by Everinbox or by third parties who have authorized their use.

10.2. The User's use of the Platform does not imply any license, assignment, or authorization of use, in whole or in part, over the trademarks, logos, trade names, and other distinctive signs of Everinbox, and their reproduction, imitation, or use without Everinbox's prior, express, and written consent is prohibited.

10.3. The User grants Everinbox a limited, non-exclusive, non-transferable, non-sublicensable, royalty-free license to use its trademarks in the User interface and in the provision of Services related to the Platform, in the form and content provided by the User to Everinbox.

10.4. The User grants Everinbox a free, non-exclusive, and time-limited license to use its trademarks in Everinbox's corporate materials, exclusively for the purpose of indication and reference in its client portfolio.

11. LINKED SITES

11.1. If Everinbox provides links or pointers to other sites, no inference or assumption should be made, and no representation should be implied, that Everinbox is connected with, operates, or controls those sites.

11.2. Everinbox is not responsible for the content or practices of third-party sites that may be linked to this site. When visiting other sites, the User should consult the individual terms of use of each site.

12. INTEGRATION WITH EXTERNAL EMAIL PROVIDERS

12.1. Everinbox acts as an interface layer over external email providers (ESPs) and, at its sole discretion, may integrate or migrate between equivalent or superior ESPs. Such migration may occur provided that: (i) service levels are maintained or improved; (ii) applicable security and compliance requirements are observed, including those set forth in the General Personal Data Protection Law (Lei nº 13.709/18 – LGPD); and (iii) the Customer is notified at least 30 (thirty) days in advance, if the change may negatively impact deliverability metrics.

13. NETWORK ACCESS AND EQUIPMENT

13.1. Access to the Platform depends on an internet connection and compatible devices, and it is entirely the User's responsibility to ensure such technical and operational conditions, as well as to bear the related costs.

13.2. The User is responsible for obtaining the data network access necessary to use the Platform. Your data network and messaging fees and charges may apply if you access or use the Services from a wireless device, and you will be responsible for such fees and charges.

13.3. The User is responsible for acquiring and updating the equipment and devices necessary to access and use the Platform and any of its updates.

13.4. Everinbox does not guarantee that the Platform, or any part of it, will function on any particular equipment or device. It is clarified that the Platform was developed primarily for use in a desktop environment, and use on mobile devices is considered secondary and not optimized as a primary focus. Furthermore, the Platform may be subject to malfunctions and delays inherent to the use of the internet and electronic communications connections.

14. PRICE AND PAYMENT

14.1. Access to certain features of the Platform is conditioned on the purchase of paid plans, the prices, payment methods, frequency, and specific conditions of which are defined in the respective License Agreement entered into between the User and Everinbox.

14.2. Updates to prices and conditions, as well as the rules on renewal, cancellation, and default, will follow the provisions set forth in the License Agreement, which prevail over any information published on the Platform or in promotional communications.

14.3. Everinbox reserves the right to suspend access to the contracted features in the event of default on the obligations set forth in the License Agreement, without prejudice to the collection of the amounts due, plus charges, fines, and any other penalties that may be contractually provided for.

15. INDEMNIFICATION

15.1. The User agrees to defend, indemnify, and hold harmless Everinbox, its affiliates, directors, employees, and partners from any claim, loss, damage, liability, cost, or expense (including attorneys' fees) arising from or related to: (i) improper use of the Platform; (ii) non-compliance with or violation of any provision of these Terms; (iii) Everinbox's use of the User Content; or (iv) violation of third-party rights.

15.2. Neither party will be held liable for failures to perform obligations or for delays in the performance of these Terms that result from force majeure events, that is, circumstances beyond its reasonable control, including, but not limited to, acts of governmental authorities, war, terrorism, civil commotion, natural disasters, strikes, failures or unavailability of telecommunications networks, electricity, or hosting services provided by third parties.

16. DISPUTE RESOLUTION

16.1. Everinbox provides a support structure, consisting of an external contact tool and a specialized support team for handling complaints, with the aim of avoiding the judicialization of disputes that may eventually arise from your use of the Platform. Accordingly, you undertake to use the support tools made available by Everinbox as the first means of resolving disputes arising from your use of the Platform.

17. GOVERNING LAW AND JURISDICTION

17.1. These Terms will be governed by and construed exclusively in accordance with the laws of the Federative Republic of Brazil. Any claim, conflict, or dispute arising out of or relating to this agreement, including with respect to its validity, interpretation, or enforceability, will be resolved exclusively by the courts of the venue of the Judicial District of Belo Horizonte/MG.

18. GENERAL PROVISIONS

18.1. Everinbox may send notices through general notifications on the Platform, by email to the email address in your Account, or by written communication sent to the address indicated in your Account. You may notify Everinbox through the Platform, by communication to the email address (contato@everinbox.com), or by written communication to Everinbox's address: Avenida Dr. Dib Sauaia Neto, nº 1600, sala 32, Alphaville, Barueri/SP, CEP 06.460-003.

18.2. You may not assign or transfer these Terms, in whole or in part, without Everinbox's prior written approval. You agree that Everinbox may assign and transfer these Terms, in whole or in part, including: (i) to a subsidiary or affiliate; (ii) to an acquirer of Everinbox's equity interests, business, or assets; or (iii) to a successor by reason of any corporate transaction.

18.3. Tolerance of non-compliance with any conditions of these Terms will not constitute a waiver or novation, and performance of the defaulted obligation may be demanded at any time.

18.4. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.