Rights and obligations of the User and Operator of the InteliMail application
In these terms and conditions,
"Operator" means INTELIMAIL, s.r.o., located at DUETT Business residence II., Námestie osloboditeľov 3784/3B, Košice - mestská časť Juh 040 01, Slovakia. The company is registered in the commercial register of the District Court Bratislava I, sec. Sro, file no. 139797/B, ID No. 52584607, VAT ID SK2121083558.
„Application“ means the internet application called InteliMail, whose main features include:
Autonomous e-mail marketing
Product pop-up remarketing
Real-time personalization of e-shop New
„T&C“ means these General Terms and Conditions.
„Agreement“ means an agreement entered into between the User and the Operator, the subject of which is the grant of a License to use the Application by the User under the conditions set out in these T&C.
„License“ means a non-exclusive license to use the Application under the conditions set out in these T&C.
„User“ means any business entity (legal or natural person) other than the Operator that uses the Application.
„User account“ means the non-public part of the Application that is accessible to the User after entering the Login Details.
Clicking on the "Continue" button available on the Operator's website https://www.intelimail.sk/en/start-for-free/ by the User is an non-binding acceptance of the proposal to enter into the Agreement by the User.
By clicking on the button in accordance with 2.a., the User also expresses consent with these T&C and the use of personal data and also with the processing of cookies files.
The Agreement is entered into upon the acceptance of the entire relevant amount on the relevant bank account of the Operator for the grant of the license to use the Application at the agreed price.
Upon the conclusion of the Agreement, the following provisions of these T&C become effective.
The Operator grants the User a License to the extent and under the conditions specified on the Operator's website www.intelimail.sk and www.imservice.sk or in the User's environment of the Application, especially those specified for the given type of User account.
For the grant of the License, the User undertakes to pay the Operator a fee in the amount specified on the Operator's website www.intelimail.sk and www.imservice.sk or in the User's environment of the Application, unless for a specific method of use (especially for the given User account) a fee is not specified, in which case the License is granted free of charge.
In case the License is granted for a fee, the Operator has the right to perform the Agreement (e.g. make a certain part or functionality of the Application accessible) only at the moment when the fee for the grant of the License is paid, and if the User does not pay the fee for the License in full within the deadline set by the Operator, the Agreement is terminated without further delay from the beginning.
After the expiration of the duration of the License, the Operator is entitled to fully or partially restrict the User's account.
One established User account allows access to multiple email addresses, it is allowed to use only one email address for one user account.
Any financial performance realized either through the Application or through the payment gateway connected to the Application or by bank transfer, is considered paid upon crediting of the entire relevant amount to the relevant bank account of the Operator held at:
Tatrabanka a.s., Hodžovo námestie 3, 811 06 Bratislava
IBAN SK58 1100 0000 0029 1865 4285
The Operator has the right to shut down, change and/or make the Application or its part inaccessible from the relevant internet address, for any reason, after prior notice to the User.
The User has the right to use the Application under the conditions of the Agreement in its current version available from the relevant internet address.
The User undertakes to act so that, by using the Application, neither he nor the Operator would suffer any damage.
The User is not allowed to extract the database connected to the Application by machine (especially by means of so-called software robots).
The User and the Operator have agreed that any data entered by the User into the Application's database is part of the database collected by the Operator and becomes part of the Operator's database, without the User having any right to the Application's database.
The Parties, fully aware, jointly declare and make it undeniable that records of data in the Application and in its database, as an electronic system, are reliable and are systematically and orderly performed, and are protected against changes.
The provisions of this article of the General Terms and Conditions do not apply to a consumer.
he User hereby explicitly waives the right to claim damages from the Operator for any damage caused unintentionally or not by gross negligence by the Operator in violation of any obligation of the Operator stated in the Agreement in connection with the performance of the Agreement or in these General Terms and Conditions.
The User acknowledges that the Operator enters into the Agreement in the usual business relationship with a larger number of persons and that the Agreements are binding for the long-term for repeat performance of the same type with reference to these T&C. The Parties agree that from the nature of the Operator's obligations according to these T&C, and before entering into the Agreement, there was a reasonable need for subsequent change of these T&C.
The Parties hereby agree that the Operator may change these T&C to a reasonable extent and also agree that the change in T&C will be notified to the User, as the second party, through an email message sent to the email address provided by the User in the Application. In such a case, the User has the right to reject the change in T&C and to terminate the respective obligation between him and the Operator for this reason within the notice period of one (1) calendar month, which will start to run on the day following the sending of the notice, of which the Parties hereby agree that it is sufficient to obtain similar performance from another subject.
In the event of entering into a new Agreement with an existing User account (i.e. renewal or extension of the User account), such Agreement shall be governed by the T&C in force on the date of entering into such Agreement.
The operator hereby informs the User that:
The address for delivering mail to the operator is the same as the operator's registered office address;
The operator's phone contact is
The User has the option to choose between a paid License or a free License for a 30-day trial period: TRIAL
Integration is free. The User agrees to grant all access to product data (XML feed) and Google Tag Manager for the purpose of starting the integration of the InteliMail application. Usually, the integration takes 5 to 10 working days from the fulfillment of the integration requirements by the User;
Remuneration of the operator for the License is set including all taxes and fees and its amount is determined by agreement and is mainly based on the number of customer email contacts, the average monthly visits to the e-shop.
The user is required to pay the Operator a fixed fee for the License, which is due on the 7th day of the specified period (hereinafter referred to as "Fixed Fee") if the License is not provided free of charge;
The variable fee "Success Fee" is tied to the performance of the Application confirmed by statistics in the Google Analytics application and is valid upon conclusion of a separate Service Agreement "SLA", the wording and amount of which is determined by mutual agreement. The amount of the variable fee is due on the 7th day of the following month, after the specified monthly period;
Access to the Internet and a web browser such as Chrome, Firefox, Explorer, Opera, Safari, etc. is required to use the Application;
The user has the right to withdraw from the Agreement without giving any reason and without any penalty within 14 days of receipt of performance. Receipt of performance shall be understood as the provision of the License;
In relation to the Operator, the user incurs no costs for the use of long-distance communication means.
Data entry errors can be corrected through the Application, and where the Application does not allow this, through technical support, the contact for which is provided in these T&Cs;
The Operator complies with all applicable laws of the Slovak Republic; no other codes are binding on the Operator;
The Operator does not use any means of extrajudicial dispute resolution;
The subject of the Agreement is not the delivery of goods, so the provisions on complaint do not apply to the Application; Liability for obvious or hidden defects of the Application that the Application had at the time of its availability to the user may be asserted against the Operator under the conditions stipulated by the Agreement and these T&Cs;
The user is required to comply with these T&Cs, which are also part of the Agreement, and is also required to comply with applicable and effective legal regulations of the Slovak Republic.
The user may turn to a supervisory or regulatory authority. The Slovak Trade Inspection Authority deals with consumer complaints in the manner and under the conditions set by the relevant legal regulations.
The Operator hereby informs the User that:
The address for delivering correspondence to the Operator is the same as the aforementioned address of the Operator's registered office;
The Operator's telephone contact is
The User has the option to choose a type of paid License or a free License for a 30-day trial period: TRIAL
Integration is free. The User agrees to grant all access to product data (XML feed) and Google Tag Manager for the purpose of starting the integration of the InteliMail application. Usually, integration takes 5 to 10 working days from the User fulfilling the integration requirements;
Remuneration for the License by the Operator is set including all taxes and fees and its amount is determined by agreement and is mainly linked to the number of customer email contacts of the client, average monthly website traffic.
The User is obliged to pay the Operator the agreed remuneration for the License, which is due on the 7th day of the month of the period (hereinafter referred to as "Fixed remuneration") if the License is not provided free of charge;
The variable remuneration "Succes Fee" is linked to the performance of the Application confirmed by statistics in the Google Analytics application and is valid upon the conclusion of a separate , the content and amount of which are determined by mutual agreement. The amount of variable remuneration is due on the 7th day of the following month, after the stated monthly period;
To use the Application, it is necessary to have an active Internet connection and a web browser that supports the Application. The User is responsible for the necessary technical equipment and Internet connection;
The Provider shall undertake that it will not disclose or use any information of commercial or manufacturing nature, which it becomes familiar with in connection with the performance of this Agreement, in particular it shall not disclose or use:
the customer database of the Client or contacts on them,
the pricing policy of the Client,
the marketing strategy of the Client,
the way the Client's business operates,
the strategic decisions and business plans of the Client.
(hereinafter referred to as "Confidential Information")
The confidentiality obligation under paragraph 9.a. of this Agreement applies except in cases where:
the client has given prior written consent for such disclosure or use of Confidential Information,
a legal regulation or public authority imposes an obligation to disclose or use Confidential Information,
such disclosure or use of Confidential Information is necessary for the realization of this agreement,
it is permitted by any agreement or agreement entered into between the Contracting Parties.
Confidential Information does not include any information that is publicly available at the time of disclosure or use.
The Client hereby gives the Provider consent to list him as its customer.
The Provider acknowledges that Confidential Information constitutes the Client's trade secret.
These T&C, as well as the Agreement, shall be governed by the laws of the Slovak Republic.
Any disputes arising out of or in connection with the Agreement and/or these T&C shall be finally settled by the competent courts of the Slovak Republic.
These T&C shall become effective and binding as of the date of the last update on April 25th, 2021.