Terms of Service — SixWizz.com
Last updated:
October 10, 2025
1. Who we are
These Terms of Service (“Terms”) govern your use of the SixWizz email marketing and automation platform, apps, APIs, and related services (the “Service”) provided by SixWizz Ltd., registered at 12 Vitosha blvd. Sofia, 1000, Bulgaria (“SixWizz,” “we,” “us,” or “our”). Contact: legal@sixwizz.com.
By creating an account or using the Service, you agree to these Terms and our Privacy Policy.
2. Eligibility & Accounts
- You must be at least 18 and able to form a binding contract.
- You are responsible for all activity under your account, safeguarding credentials, and keeping your information accurate.
- If you use the Service on behalf of an organization, you represent you have authority to bind that organization; “you” includes that entity.
3. Permitted Use & Sender Obligations
You may use the Service to send emails/SMS/push notifications only to recipients who provided valid consent or where another lawful basis exists. You agree to:
- Obtain, store, and honor proof of consent (e.g., time/date, source URL, IP, method).
- Use double opt-in for marketing lists where required or as configured.
- Include a functional one-click unsubscribe in every marketing message and promptly honour opt-outs.
- Maintain list hygiene and suppress hard bounces/complaints.Comply with all applicable laws, including GDPR/UK-GDPR, ePrivacy, CAN-SPAM, CASL, PECR, and local telecom/email rules
Prohibited: purchased/rented/scraped lists; sending to harvested addresses; phishing; malware; illegal content; hate or extremist content; explicit sexual content involving minors; doxxing; content that infringes IP; deceptive subjects/headers; evasion of spam filters; high-risk financial scams.
We may throttle, block, or suspend traffic that harms deliverability, violates policy, or triggers abnormal abuse/complaint/bounce rates.
4. Anti-Spam & Acceptable Use
You must follow our Acceptable Use & Anti-Spam Policy (part of these Terms). We enforce feedback loop complaints, reputation limits, and may require remediation, list audits, or re-verification.
5. Subscriptions, Fees, and Taxes
- Fees are billed in advance per plan/usage (contacts, sends, overages).
- All fees are non-refundable except where required by law or expressly stated.
- Prices exclude applicable taxes; you’re responsible for VAT/GST/sales tax unless a valid exemption is on file.
- Late payments may result in suspension. We may change pricing with reasonable notice for the next billing cycle.
6. Service Levels & Support
We aim for high availability but do not guarantee uninterrupted service. Scheduled maintenance and third-party outages may occur. Credits (if any) are described in your plan. Support channels and response targets are listed on https://sixwizz.com/support.
7. Intellectual Property
- We retain all rights in the Service, software, documentation, logos, and trademarks.
- You retain rights to your content, data, and templates (“Customer Content”). You grant us a non-exclusive, worldwide, royalty-free license to host, process, transmit, and display Customer Content solely to provide and improve the Service.
8. Customer Data & Data Processing
We process personal data as a processor on your instructions to deliver the Service. Our Data Processing Addendum (DPA) (including SCCs) is incorporated by reference: https://sixwizz.com/dpa . You are the controller and responsible for lawful collection and instructions.
9. Third-Party Services & Sub-processors
Use of third-party services is at your discretion and subject to their terms. Our current sub-processor list is at https://sixwizz.com/subprocessors and may change with notice.
10. API & Fair Use
API keys are confidential. We may set rate limits and usage caps. Don’t stress or reverse-engineer the Service or bypass security/limits.
11. Feedback
If you submit feedback or suggestions, we may use them without restriction or compensation.
12. Confidentiality
Each party must protect the other’s Confidential Information and use it only to fulfil these Terms.
13. Warranties & Disclaimers
You warrant that your use is lawful and your content doesn’t violate rights or laws. THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
14. Limitation of Liability
To the maximum extent permitted by law:
- Neither party is liable for indirect, incidental, special, consequential, or punitive damages.
- SixWizz’s aggregate liability arising out of or related to the Service is limited to the fees paid by you to SixWizz in the12 months preceding the claim.
15. Term, Suspension, and Termination
- These Terms continue until terminated. You may cancel at any time; fees already paid are non-refundable unless required by law.
- We may suspend or terminate for material breach, legal risk, non-payment, or abuse.
- Upon termination, your access ends; we will delete or return Customer Content per our retention policy and the DPA.
16. Export & Sanctions
You represent you are not subject to sanctions and will not use the Service where prohibited by export control or sanctions laws.
17. Governing Law; Venue
These Terms are governed by laws of Bulgaria. Exclusive venue: Sofia City Court. Consumers may have mandatory rights under local law.
18. Changes
We may update these Terms; material changes will be notified via the Service or email. Continued use after the effective date constitutes acceptance.
19. Contact
SixWizz Ltd. 12 Vitosha blvd. Sofia, 1000, Bulgaria — legal@sixwizz.com