Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") form a binding agreement between you and Overthings, S.L., a Spanish company with tax identification number (CIF) B57925703 and registered office at Pl. Alexandre Jaume 3, 2, 07002 Palma (Illes Balears), Spain, which operates Bitelio (the "Service"). Wherever these Terms say "Bitelio", "we", "us", or "our", they mean Overthings, S.L.

Accessing or using the Service constitutes your acceptance of these Terms in full. Should any provision be unacceptable to you, your only recourse is to refrain from using the Service.

The scope of these Terms covers:

• The hosted service (SaaS) available at bitelio.com
• Every API, dashboard, and piece of email infrastructure we provide

2. Service Description

Bitelio is a platform for email automation. Through it you can:

• Deliver both transactional and marketing email
• Organize your contacts into lists and segments
• Build campaigns and automated workflows
• Measure email performance through analytics

Service Model

Hosted SaaS: Bitelio is offered solely as a hosted service at bitelio.com. Infrastructure, updates, and scaling are handled entirely by us.

Email Delivery

Delivery of email relies on third-party sending infrastructure. As a result, the availability of the Service is tied to the uptime and quota limits of those providers.

3. Account Registration & Eligibility

Age Requirement

Bitelio is available only to persons aged 16 or older. Creating an account is your representation that you satisfy this requirement.

Account Security

• Keeping your account credentials confidential is your responsibility
• Choose a strong password (6 characters minimum; passwords are stored as bcrypt hashes)
• Never share your credentials with anyone else
• Report any unauthorized access to us without delay

Email Verification

Depending on our configuration, we may ask you to verify your email address. Accounts created through a supported third-party sign-in provider (such as Google) are treated as verified automatically.

Multiple Users

A project can have several members, each with role-based permissions. Every member is required to hold their own individual account.

Account Information

The information you supply must be accurate, current, and complete, and you must keep it up to date whenever it changes.

4. Acceptable Use Policy

The following uses of Bitelio are prohibited:

• Sending spam or bulk email that recipients did not request
• Breaching anti-spam legislation (CAN-SPAM, GDPR, CASL, and similar laws)
• Distributing emails whose content is illegal
• Spreading malware, viruses, or other malicious code
• Harassing, threatening, or abusing the people you email
• Posing as someone else or disguising who the sender is
• Conducting phishing or other fraudulent email schemes
• Infringing intellectual property rights held by third parties
• Disrupting the security or performance of the platform
• Evading rate limits or other usage restrictions

Content Restrictions

• Illegal pornography and adult content are not permitted
• Hate speech and discriminatory material are not permitted
• Violent threats and terrorism-related content are not permitted
• Illegal gambling and controlled substances are not permitted

Your Responsibilities

Responsibility rests with you for:

• Everything sent from your account
• Meeting the legal requirements that apply in your jurisdiction
• Giving recipients a working way to unsubscribe from marketing emails

5. Email Compliance & Anti-Spam

Required Consent

• Express consent obtained beforehand (through opt-in forms, checkboxes, or subscriptions)
• Records documenting that consent (signup date, IP address, and opt-in method)
• We strongly recommend using double opt-in

Prohibited Activities

• ✗ Buying or renting lists of email addresses
• ✗ Harvesting email addresses by scraping websites
• ✗ Emailing anyone whose consent you cannot document
• ✗ Relying on third-party lists whose opt-ins have not been verified
• ✗ Cold outreach emails, even "one-time" ones

Unsubscribe Requirements

• An unsubscribe link is MANDATORY in every marketing email
• Honor every unsubscribe request immediately
• Never make recipients log in before they can unsubscribe
• Transactional emails may leave out the unsubscribe link (provided they are genuinely transactional)

Sender Reputation Monitoring

To safeguard service quality and sender reputation, Bitelio tracks bounce and complaint rates. A project whose bounce or complaint rates become excessive may be warned or suspended automatically, a measure that protects our sending infrastructure and our ability to deliver email.

When a project is suspended:

• Sending is switched off with immediate effect
• A notification is sent to your registered email address
• Reactivation requires you to fix the underlying issues first
• Repeat violations can lead to permanent termination

Legal Compliance

Whatever anti-spam laws apply to you, you are required to follow them:

• CAN-SPAM Act (USA): A physical address, truthful headers, and an unsubscribe option are all required
• GDPR (EU): Consent must be obtained, data rights honored, and a privacy policy provided
• CASL (Canada): Express consent, clear sender identification, and an unsubscribe mechanism are required
• Elsewhere: follow whatever anti-spam laws apply locally

Legal compliance in your jurisdiction is your responsibility alone.

6. Billing & Payments

Subscription Plans & Usage

• Plans are billed monthly and come with an included email volume covering transactional email, campaigns, and workflows
• On paid plans, usage beyond the included volume is charged at the published overage rate per 1,000 emails
• Overage charges are calculated once the usage has occurred
• A free tier is available, capped at 1,000 emails per month across all email types

Payment Processing

• Stripe, a PCI-DSS compliant provider, processes all payments
• We accept credit and debit cards
• Charges are issued after usage has been calculated
• Your invoices can be found in the dashboard

No Refunds

Neither subscription fees nor usage-based charges are refundable, since usage is measured and billed only after the emails have gone out. Any billing dispute must be raised within 30 days of the charge.

Usage Limits

• Rate limits are in place to keep the Service stable
• A project exceeding its limits may be throttled
• To request a higher quota, write to legal@bitelio.com

Non-Payment

• An account that remains overdue for 14 days may be suspended
• Once payment is received, service is restored
• Following suspension, data is kept for 30 days

7. Data Ownership & Privacy

Your Data Ownership

• All contact data, email content, and custom fields belong to you
• Under no circumstances does Bitelio sell or share your data with third parties
• Your data can be accessed and deleted whenever you choose, via the dashboard or the API

Bitelio's Role (GDPR Context)

• Data Controller: With respect to your account details (email, password)
• Data Processor: With respect to your contact data, which we process on your behalf

Privacy

• The complete picture is in our Privacy Policy
• Data resides in the EU/EEA (on Hetzner infrastructure)
• Data is processed in accordance with the GDPR
• Deletion requests take effect immediately, with no grace period

Data Portability

• Contacts can be exported as JSON through the API
• Email templates and workflows can be exported
• Analytics and event data can be exported

8. Intellectual Property

Bitelio Software

• The software behind the Service is proprietary, and exclusive ownership of it stays with Bitelio
• You are given access only through the hosted Service; the software itself is not licensed to you
• Copying, modifying, or redistributing the software is not permitted

Bitelio Trademarks

• The "Bitelio" name and logo are trademarks
• Commercial use beyond ordinary use of the Service requires our permission
• A "Powered by Bitelio" badge is shown (subscribers may remove it)

Your Content

• Whatever you create — emails, templates, workflows — remains yours in full
• You grant Bitelio a license over that content solely so we can deliver the Service
• Ownership never passes to Bitelio

9. Service Availability & Limitations

Best-Effort Delivery

• We cannot guarantee that 100% of emails will be delivered
• Delivery depends on recipient mail servers, spam filters, and the sending infrastructure
• The hosted service carries no SLA for uptime or delivery rates

Limitations

• Rate limits exist to keep the Service stable
• Storage limits may also apply
• The API is rate-limited to deter abuse
• Projects may be suspended based on bounce/complaint monitoring

Force Majeure

We accept no liability for interruptions caused by:

• Outages or quota problems affecting the email delivery infrastructure
• Failures of internet connectivity
• Natural disasters or acts of God
• Actions of governments or legal mandates
• Cyber attacks or other security incidents

Maintenance

• Planned maintenance is announced in advance
• Emergency maintenance can happen without prior notice

10. Termination

Your Right to Terminate

• Your account can be cancelled from the dashboard whenever you wish
• There are no cancellation fees
• Subscription and usage charges accrue up to the date of cancellation
• Cancellation deletes your data immediately, with no recovery window

Our Right to Terminate

Grounds on which we may suspend or terminate an account include:

• Breaching these Terms, above all the Acceptable Use Policy
• Fraud or payment disputes
• Abusing the Service or posing a security threat
• Bounce or complaint rates that are excessive
• Payment that remains outstanding after 30 days

Effect of Termination

• Your access to the Service ends at once
• All of your data is permanently erased, and no backups are kept
• Any campaigns or workflows still running are cancelled
• Unused time or credits are not refunded

11. Liability & Warranties

No Warranties

The Service is supplied "AS-IS", with no warranties whatsoever — express or implied — which means, among other things:

• Uptime, delivery rates, and data accuracy are not guaranteed
• There is no warranty of merchantability or of fitness for a particular purpose
• There is no warranty that operation will be uninterrupted or free of errors

Limitation of Liability

To the fullest extent the law allows, the total liability of Bitelio is capped at the fees you paid over the preceding 12 months. Excluded from our liability are:

• Damages that are indirect, consequential, or punitive
• Loss of profits, loss of data, and business interruption
• Claims brought by third parties as a result of how you used the Service

Indemnification

You undertake to indemnify Bitelio and hold it harmless against claims stemming from:

• The way you use the Service
• Breaches of these Terms, in particular the email compliance requirements
• Infringement of the rights of third parties
• Activity that is unlawful or fraudulent

Exceptions

No limitation applies to willful misconduct or gross negligence, or wherever the law forbids limiting liability. These limitations may also yield to applicable consumer protection laws.

12. Dispute Resolution

Governing Law

The laws of Spain govern these Terms, without prejudice to any mandatory consumer protection rules of the European Union that apply to you.

Negotiation

Before either party turns to the courts, both commit to attempting a good-faith resolution. Write to legal@bitelio.com to open the process; a negotiation period of 30 days must run before litigation may begin.

Jurisdiction

Any dispute arising from these Terms is submitted to the courts of Palma de Mallorca, Spain. This does not affect the right of consumers, under EU law, to bring or defend claims before the courts of their country of residence.

Class Action Waiver

Except where the law prohibits such a waiver, each dispute must be pursued on an individual basis rather than as part of a class action.

13. Changes to Terms

Modification Rights

These Terms may be revised by Bitelio at any time. Whenever a change is material, we will announce it through:

• An email sent to registered users
• A notice placed on the website homepage
• A revised "Last Updated" date

Notice Period

• Material changes come with 30 days of advance notice
• Non-material changes (typo fixes, clarifications) take effect right away

Acceptance

By continuing to use the Service after a change, you accept it. If a change is unacceptable to you, discontinuing your use of the Service is your remedy.

14. Proprietary Software

• Both the Bitelio software and the Service are the proprietary property of Bitelio
• The hosted Service at bitelio.com is the only channel through which the software is made available
• You receive no right to copy, modify, or distribute the software, nor to create derivative works from it
• For licensing questions, contact legal@bitelio.com

15. Contact Information

If anything in these Terms raises questions or concerns, reach out to us.

Technical Support:

• Email: hello@bitelio.com

Privacy Requests:

Consult our Privacy Policy or write to legal@bitelio.com