BeMailing terms

General Terms of Contracting

 

We welcome you and invite you to familiarize yourself with the contracting conditions, containing all the necessary information regarding the electronic transactions you carry out on this website.

BeAmbassador is committed to transparency and clarity in the commercial transactions conducted on this portal, guaranteeing a space committed to the rights of users and customers. Therefore, we recommend that before contracting any of the services we offer on this website, you read the present conditions and the terms that apply to the provision of the services offered by https://www.be-ambassador.com, related to its main activity of specialized software developer in Employee Branding and content dissemination to Social Networks through its platform.

These general contracting conditions govern the relationship between BeAmbassador and the customers who acquire BeAmbassador’s services. You may access or download these conditions at any time by accessing our website.

BeAmbassador reserves the right to modify or change these conditions at any time. If the modifications constitute a substantial change in the terms, BeAmbassador will notify it by publishing an announcement on its website.

The user can only contract if they are of legal age and/or have legal capacity to be bound. Otherwise, a minor may contract provided that there is supervision and consent from their parents or legal guardians, who will be responsible for any actions taken.

 

Provider Identifier

In accordance with the provisions of Law 34/2002 on Information Society Services and Electronic Commerce (LSSICE), we provide you with the following information that identifies us:

  • Company Name: BlogsterAPP Ambassador, S.L.
  • Trade Name: BeAmbassador
  • Tax Identification Number (CIF/NIF): B76790278
  • Email: administracion@be-ambassador.com
  • Registered Office: Av. de la Trinidad, 61, 6th floor, office 8. 38204, La Laguna (Santa Cruz de Tenerife, Canary Islands, Spain)
  • Activity: Software developer specialized in Employee Branding and content dissemination to Social Networks.
  • Registered in the Mercantile Registry of Santa Cruz de Tenerife, in volume 3608, book 0, folio 212, sheet TF-62269, on 15-02-2019.

 

Characteristics of the Services Offered

The services offered on BeAmbassador include the solution called BeMailing, which allows the user to send mass and personalized email campaigns to a set of contacts.

This document contains relevant information about the features and best practices that the USER must know.

BeMailing may be available both in the interface of the AMBASSADORS and in the interface of the ADMINISTRATOR.

Depending on the user’s role (Administrator or Ambassador), the solution may display different menu options and functionalities.

 

How to Register

As a condition to make any purchase, the user must register at https://www.be-ambassador.com and provide the corresponding information required for the acquisition of the services available on this website. The information must be accurate, complete, and updated at all times. Failure to do so constitutes a violation of the terms, which may result in the dissolution of the contract with BeAmbassador.

The steps to make a purchase or place an order are:

  1. Fill in all the data requested in the registration process at https://www.be-ambassador.com.
  2. Check the box accepting the contracting conditions and other linked policies and conditions that are part of the service.
  3. Provide contact and billing information.
  4. Make the payment.
  5. You can download the accepted contracting conditions at the time of registration or you will receive them by email.

From the moment of acceptance, the user acquires the status of a BeAmbassador client.

By using the service, you declare and warrant that you meet all the requirements mentioned above and that you will not use said service in a way that violates any law or regulation.

BeAmbassador may refuse to provide the service, close any customer accounts, or change the terms and conditions stated.

 

Service Cancellation

There is no refund; it is a normally annual contract that the company can pay in advance or month to month; you simply have to give a 30-day notice in advance so that we do not issue the invoice. In this way, technical support will unlink the account, which will undergo an automatic deletion process of contacts, campaigns, and other data that may have been added in the bemailing section, which will occur within the next 40 days. During these 40 days, the administrator user can continue to access bemailing in order to export data before the final deletion.

Likewise, https://www.be-ambassador.com may proceed to terminate the contract if the corresponding payment is not made by the user or if any of the actions set forth in the General Rules section are incurred.

You or BeAmbassador have the power to terminate the agreement at any time and for any reason. You can cancel your BeAmbassador account to do so, or we can notify you of our decision to terminate the agreement. We reserve the right to suspend the service at any time, with or without reason. No refunds will be made under any circumstances.

 

Contacts

A Contact is a record containing the basic identification data of a person, such as their name, surname, email address, postal address, telephone, and other elements for identification classification.

You can create contacts individually through the + button. When adding a new contact, the user must confirm that they have the consent of the contact to address them through a BeMailing campaign.

It is not possible to add contacts without the user confirming that they have such prior consent. The addition of contacts without having prior consent constitutes an infringement classified in the General Data Protection Regulation (GDPR).

It is possible to add contacts massively using the Excel importer, also available through the + button.

The solution for Administrators of this solution also allows synchronizing contacts from different sources of BeAmbassador such as:

  • From the invitations module
  • From the ambassadors module
  • From the candidates module
  • From the leads module

The contact receiving the email may exercise their right to unsubscribe from it at any time at the bottom of each email sent through bemailing, thus allowing the contact to unsubscribe from the email distribution list.

 

Campaigns

The campaign assistant allows launching a mass and personalized email to a set of contacts.

To create a campaign, start the assistant, indicate the title, subject, and select the template corresponding to the shipment. This template is provided by your Administrator if you are a user as an Ambassador and if you are a user as an Administrator, you can create email templates.

In the second step, you can add the contacts who will receive the communication.

In the third step, proceed to customize the content of the email, for which you have the contact fields such as the name and other data that can be added to the body of the message.

Complete all the properties that appear on the right side.

You can send a test email to verify that everything is correct.

In the next and last step, you can see a summary of the campaign and set the sending options:

  • Schedule. Set the date and time of delivery.
  • Send now.
  • Save as draft.

Once the campaign is sent, you cannot edit it. Check the statistics to know the real impact of the campaign.

 

Statistics

Display screen of the results obtained by the different campaigns sent and where the following data are highlighted:

  • Total number of messages sent.
  • Number of messages opened.
  • Clicks made on any of the links available in the message.
  • Number of messages that have not been delivered and are marked as bounces.
  • Number of messages blocked.
  • Total number of messages in which the “subscribe” option has been selected.
  • Total number of messages marked as SPAM.

Remember that the system will need time to collect statistics; a good practice may be to consult it after at least 5 business days, to allow time for people to interact with the received email.

 

General Rules

By accepting these General Terms of Contracting, you agree to comply with the following rules:

  • Send BeMailing campaigns only to people from whom you have their consent. You will not use purchased, rented, or third-party email lists.
  • Consult with your Administrator any doubts about the contents of the template.
  • Properly customize the template property in the campaign assistant.
  • Test send to yourself before mass sending.
  • Make use of statistics to know the real impact of each communication.
  • Communicate with your Administrator any incident or received feedback.
  • The frequency of your campaigns is determined by your Administrator.

BeAmbassador prohibits the use of accounts that encourage harm to others or promote discriminatory, hateful, or harassing content. Therefore, we reserve the right to suspend or cancel your account if you send a Campaign, distribute, or create Content that, in our sole discretion, we consider to contain the following:

  • Threats of physical harm: This includes any statement, photograph, advertisement, or other content that, in our sole discretion, may be considered threatening or advocating physical harm or violence against others.
  • Hate speech: This includes any statement, image, photograph, advertisement, or other content that, in our sole discretion, may be considered harmful, threatening, or promoting harassment, intimidation, abuse, or discrimination against others based solely on characteristics such as race, ethnicity, nationality, sexual orientation, gender, gender identity, religious affiliation, age, disability, illness, or migratory status.

We also reserve the right to suspend or cancel your account if, in our sole discretion, we consider that you:

  • Are an organization that has publicly declared objectives, positions, or principles that could be perceived as promoting hate content or threats of physical harm.
  • Are a person who has publicly expressed comments, statements, or opinions that could be considered hate content or a threat of physical harm, including affiliation with organizations mentioned above.
  • Are a person or organization that has acted in a way that could be interpreted as support, justification, promotion, or representation of hate content or threats of physical harm.

Additionally, BeAmbassador does not allow the distribution of content that, in our sole discretion, is substantially false, inaccurate, or misleading in a way that may induce error or confusion about events, topics, or significant circumstances.

In case of violation of these rules, we reserve the right to issue a warning or suspend or cancel your account.

 

Other Configuration Options Set by the Administrator

The Administrator who manages the account under which the user works can establish some configuration properties that condition the behavior and characteristics of BeAmbassador’s BeMailing module.

The most important ones are detailed below:

  • Automatic deletion of contacts after sending campaigns: With this option, your Administrator can establish that the system deletes all contacts who have participated in a campaign, but not the statistical data of the campaign. This option affects only the use by the brand ambassador. This measure aims to protect people who receive the communication; if that’s your case, you will have to import the contacts previously exported from your CRM for each new campaign. People who receive that communication can unsubscribe from the central file of your Administrator, so their data will no longer be available for the next campaign.

  • Blocks and penalties for SPAM: When a person receives communication by email, they can mark it as SPAM and thereby report that they have received an unsolicited email. After sending a campaign, pay special attention to the Spam data offered in the statistics section and always try to send communication to people who have given their consent. The module can block the sending of unwanted emails and disable the user and even the account of the Administrator from its use, for bad practices, thereby affecting the use by other users under the same corporate account.

  • Additional costs for sending emails: The license to use the BeMailing module implies that your Administrator also has the license from the email sending provider (Twilio). Therefore, the user does not pay for the use and sending of emails to BeAmbassador. It is the Administrator who contracts the module for use by their network of users. The standard license has the capacity to send 20,000 emails monthly among all the users to whom the Administrator activates the BeMailing module. BeAmbassador’s sales department may contact the Administrator in case the contracted volume is exceeded.

 

Intellectual Property

Access to the product purchased by the buyer does not imply the waiver, transmission, or partial or total assignment of the rights derived from intellectual and industrial property. Nor does it grant rights of use, alteration, exploitation, reproduction, distribution, or public communication of these contents without the prior and express written authorization. However, viewing and obtaining private backup copies of such content for personal use is allowed, provided that this right is exercised in good faith and the intellectual and industrial property of the holder of such rights is respected.

The responsibility derived from the use of materials protected by intellectual and industrial property rights contained on this website will correspond exclusively to the Buyer. We reserve all property rights of the BeAmbassador Service and Site, including patents, trademarks, copyrights, and other intellectual property rights. You must respect our property rights and may only use our brand assets in accordance with our Brand Guidelines.

You will retain all rights to the material, content, data, and information that you submit to BeAmbassador during the use of the Service. However, you grant us permission to use or disclose your Content as necessary to provide the Service or as permitted by these Terms. You represent and warrant that you have all rights, permissions, and consents necessary to grant these rights.

 

Data Protection

In accordance with the provisions of Organic Law 15/1999, of December 13, on the Protection of Personal Data, we inform you that the personal data provided during the contracting process will be incorporated into an automated file for which BlogsterAPP Ambassador, S.L. is responsible, with the aim of managing the commercial and contractual relationship, as well as sending commercial information about products and services offered by BeAmbassador that may be of interest to you. Your data will not be transferred to third parties without your consent.

You can exercise your rights of access, rectification, cancellation, and opposition by sending a written request to the following email address: administracion@be-ambassador.com, indicating the reference “Data Protection,” attaching a copy of your national identity document or equivalent identification document.

 

Applicable Law and Jurisdiction

These General Conditions are governed by Spanish law. The parties submit, at their option, for the resolution of conflicts and waiving any other jurisdiction, to the courts and tribunals of the user’s domicile. Likewise, as an entity adhering to Confianza Online and in the terms of its Code of Ethics, in case of disputes related to online contracting and advertising, data protection, and protection of minors, the user may go to the extrajudicial dispute resolution system of Confianza Online (www.confianzaonline.es).

 

Duration

The duration of the contract is one year. It will be automatically renewed for successive annual periods unless one of the parties expresses its desire not to renew it by sending written communication to the other party with a minimum notice of 30 days before the expiration of each period.