Terms of sale and licence

1. Who sells

TUDE CONSULTORES INFORMÁTICOS, S.L. (“Tude”), Tax ID B71466502, Avda. Zaragoza, 67 · 31500 Tudela (Navarre), Spain, registered in the Navarre Commercial Register, volume 2080, book 0, folio 32, section 8, sheet NA 41598. Email: info@secuenza.com.

2. What Secuenza is

Secuenza is a Windows program that is installed on the customer’s PC and sends email sequences from the customer’s own mailboxes. For the licence, updates and email tracking (opens, clicks, unsubscribes and “view in browser”), the program uses Tude’s online services (“the services”).

These terms govern the licence to use Secuenza, in its free version and in the Pro version, and the purchase of the Pro subscription.

3. Businesses and professionals only

Secuenza is aimed at businesses, the self-employed and professionals. Whoever accepts these terms declares that they are contracting for their business or professional activity, that they are of legal age and that they have the capacity to enter into this contract or sufficient authority to represent the company.

4. Acceptance and changes

These terms are accepted when registering the program and when buying Pro, and form a single contract together with the acceptable use policy and the data processing agreement. Tude keeps a record of which version each customer accepted and when.

If Tude changes these terms, it will give at least 30 days’ notice by email. If the customer does not agree, they may cancel Pro and stop using the program before the change takes effect.

5. Licence to use

Tude grants the customer a non-exclusive, non-transferable and revocable licence to install and use Secuenza in their business for as long as they comply with these terms.

One account, one licence, one PC. Each licence goes with its account’s email address and is used on one PC at a time. It can be moved to another PC from the program or from My account.

It is not permitted to:

• copy, assign, rent, sell or sublicense the program or the licence;
• decompile, disassemble, reverse engineer or modify the program, except where the law expressly allows it;
• circumvent the limits of the free version, the safety brake or the licence check;
• use the services for anything other than what the program does, or deliberately overload them.

6. Free version and Pro version

The free version has no cost and never expires. It has the limits published on the pricing page (mailboxes, contacts, running campaigns and emails per sequence), and its emails carry the “Sent with Secuenza” footer. Tude may change what it includes with 30 days’ notice.

The Pro version is a monthly subscription that removes those limits and adds the features described on the pricing page.

7. Price

• Secuenza Pro price: €109.90/month, VAT included.
• Launch price: €29.90/month, VAT included, for a limited time decided by Tude. Whoever subscribes at the launch price keeps it for as long as their subscription stays active. If the subscription is cancelled or ends and the customer subscribes again, the price in force at that time applies.

Prices include Spanish VAT where applicable. A business in another European Union country with a VAT number valid in VIES is not charged VAT (reverse charge), and Spanish VAT does not apply outside the European Union or in the Canary Islands, Ceuta and Melilla: in those cases the same price is paid, without VAT.

Tude may change the price of Secuenza Pro with at least 30 days’ notice before the next renewal. That change does not affect anyone keeping the launch price for as long as their subscription stays active.

8. Payment, renewal and invoices

Pro is paid in advance each month by card, through Stripe. Tude neither sees nor stores the card details. The subscription renews automatically each month until it is cancelled. Stripe emails the invoice with every payment, and the invoices are also available in My account.

9. Non-payment

If a payment fails, Stripe retries it for a few days and Pro keeps working in the meantime; the program and My account show a notice. If it is finally not collected, the subscription ends and the licence returns to the free version. Nothing is deleted: the campaigns over the limits are paused, the customer chooses which ones carry on, and their contacts, emails and results stay where they were.

10. Cancellation

The customer may cancel Pro at any time from My account, with no minimum term. They keep Pro until the end of the month already paid and then move to the free version. The part of the current month is not refunded, unless the payment was taken in error.

11. No right of withdrawal

As this is a contract between businesses or professionals, the right of withdrawal that the law grants to consumers does not apply.

12. Sending is the customer’s responsibility

The customer is responsible for the emails they send and for their contacts’ data. In particular, they must:

• have a legal basis to write to each contact (their consent or a prior relationship, depending on the applicable law: the GDPR, the Spanish LSSI-CE and their equivalents in other countries);
• identify themselves as the sender and respect unsubscribes;
• comply with the acceptable use policy and with their email provider’s terms, because the emails go out from their mailboxes.

For email tracking, Tude processes recipients’ data on the customer’s behalf, under the data processing agreement.

13. Suspension for abuse

Tude may suspend a licence or an installation if these terms or the acceptable use policy are breached. A suspended installation cannot use the services and its tracking links no longer lead to their destination; unsubscribe links keep working. Tude will give notice beforehand, unless urgency or seriousness prevents it, for example to protect the tracking domain shared by all customers. If the suspension proves unjustified, it is lifted. Suspending a licence does not in itself cancel the subscription.

14. The customer’s data and backups

Contacts, campaigns, emails and results are stored on the customer’s PC and belong to the customer. Secuenza makes automatic backups on the PC itself and allows them to be kept in another folder and everything to be exported. The customer is responsible for keeping their backups: Tude cannot recover data that was only on their PC.

15. Services, updates and availability

Tude maintains the services with reasonable diligence, but does not guarantee that they will always work without interruption. If the program cannot connect, Pro keeps working for a few days; after that it works like the free version until it connects again, without losing anything.

Secuenza updates itself. Tude may require a minimum version for security reasons. It may add, change or remove features, and will give notice of important changes. If it removes an essential Pro feature, the customer may cancel their subscription and Tude will refund the unused part of the current month.

16. Intellectual property

Secuenza, its code, design, brand and documentation belong to Tude. The licence does not transfer any of those rights. The templates, example sequences and help texts may be used freely in the customer’s emails.

17. Limitation of liability

Tude is not liable for:

• whether recipients’ email providers accept, filter or reject the customer’s emails;
• failures of third-party services, such as the customer’s email provider, Stripe, Microsoft or Google;
• interruptions due to maintenance, failures of infrastructure providers or force majeure;
• misuse of the program or of the customer’s credentials;
• business decisions the customer makes based on the results.

In any event, Tude’s total liability to the customer shall not exceed what the customer has paid for Pro in the 12 months before the event giving rise to it. These limitations do not apply in the event of wilful misconduct or gross negligence.

18. If Secuenza is discontinued

If Tude decides to stop providing the services, it will give at least 90 days’ notice and refund the part of the fees corresponding to the unused period. The customer’s data will remain on their PC.

19. Communications

Tude communicates with the customer by email, at their account’s address, which the customer must keep up to date. Notices about the account, the licence, payments, security or changes to these terms are part of the service and are not marketing communications.

20. Law and courts

These terms are governed by Spanish law. Any dispute shall be submitted to the courts of Tudela (Navarre).

Language

This text is a translation. In the event of any discrepancy, the Spanish version prevails.