Terms of Service

These Terms of Service (“Terms”) are a binding agreement between you and Ariyes Lda, a private limited company incorporated in Portugal (“Ariyes”, “we”, “us”, or “our”), and govern your access to and use of the Ariyes platform, websites, applications, and related services (collectively, the “Service”). By creating an account, accessing, or using the Service, you agree to these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and “you” refers to that entity.

If you do not agree to these Terms, do not use the Service.

1. The Service

Ariyes is a multi-tenant business operating platform that provides tools for marketing email campaigns, sales outreach and sequences, SMS and WhatsApp broadcasts, contact management, a shared inbox, customer support (help desk with a customer portal and knowledge base), CRM, and file storage (Drive), plus related communications features. Email is delivered through providers such as Mailgun and AWS SES; SMS and WhatsApp are delivered through Twilio. We may add, change, or remove features over time. Some features are only available on certain plans.

2. Accounts and workspaces

To use the Service you must create an account and a workspace (a “Tenant”). Ariyes uses passwordless sign-in, an email magic link or Google sign-in - so you are responsible for keeping the email inbox and Google account you sign in with secure, for the information you provide, and for all activity that occurs under your account and workspace. You must be at least 18 years old and capable of forming a binding contract. Notify us promptly at [email protected] if you suspect unauthorized use of your account.

You may invite additional users to your workspace. You are responsible for your users’ compliance with these Terms and for the permissions you grant them.

3. Your content and customer data

“Customer Data” means all data, content, contacts, messages, files, and other materials that you or your users submit to, or generate through, the Service, including data about your own customers and contacts. As between you and Ariyes, you own and are responsible for your Customer Data.

You grant us a worldwide, non-exclusive license to host, process, transmit, display, and otherwise use Customer Data solely to provide and improve the Service, to comply with law, and as otherwise permitted in these Terms and our Privacy Policy. Where we process personal data on your behalf, our Data Processing Addendum (“DPA”) applies and is incorporated into these Terms.

You represent and warrant that you have all rights, consents, and lawful bases necessary to submit your Customer Data to the Service and to send the communications you send through it.

4. Acceptable use and communications compliance

Your use of the Service must comply with our Acceptable Use Policy (“AUP”), which is incorporated into these Terms. Because the Service sends email, SMS, and messaging communications on your behalf, you are solely responsible for obtaining and maintaining all required consents from your recipients, for honoring opt-out and unsubscribe requests, and for complying with all applicable communications, marketing, and anti-spam laws (including, as applicable, the CAN-SPAM Act, TCPA, CASL, GDPR/ePrivacy, and the messaging policies of downstream providers such as carriers and WhatsApp). We may suspend or throttle sending to protect deliverability, our infrastructure, or third-party providers.

5. Third-party services

The Service integrates with third-party providers (for example, payment, email, SMS, and messaging providers). Your use of those integrations may be subject to the third party’s own terms, and we are not responsible for third-party services. Downstream providers may impose their own rules that apply to your messages.

6. Fees, billing, and taxes

Paid plans are billed in advance on a recurring basis (monthly or annually) through our payment processor. Unless stated otherwise, fees are non-refundable and exclusive of taxes, which you are responsible for. Usage-based charges (for example, message volume above plan limits) are billed as incurred. If a payment fails, we may suspend or downgrade your account after reasonable notice. We may change pricing on renewal with prior notice; changes take effect at the start of your next billing period.

7. Free trials and plans

We may offer free trials or free tiers. We may modify or discontinue any plan or trial at any time. At the end of a trial, paid fees apply unless you cancel.

8. Cancellation and termination

You may cancel your subscription at any time; cancellation takes effect at the end of the current billing period, and you remain responsible for fees already incurred. We may suspend or terminate your access if you breach these Terms, the AUP, or the DPA, if required by law, or to protect the Service or other users. On termination, your right to use the Service ends. We will make Customer Data available for export for a limited period as described in Section 9, after which we may delete it.

9. Data export and deletion

While your account is active you can export Customer Data through the Service’s features. After termination or expiration, we will retain Customer Data for [30] days to allow export, then delete or anonymize it in the ordinary course, unless a longer retention period is required by law or permitted under the DPA.

10. Intellectual property

The Service, including its software, design, and content (excluding Customer Data), is owned by Ariyes and its licensors and is protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable right to use the Service during your subscription. You may not copy, modify, reverse-engineer, resell, or create derivative works of the Service except as permitted by law. Feedback you provide may be used by us without restriction or obligation.

11. Confidentiality

Each party may access the other’s confidential information. Each party will protect the other’s confidential information with reasonable care and use it only to perform under these Terms. This does not apply to information that is public, independently developed, or lawfully obtained from a third party.

12. Warranties and disclaimers

The Service is provided “as is” and “as available”. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that messages will be delivered, as delivery depends on third parties and recipient systems outside our control.

13. Limitation of liability

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill. Our total aggregate liability arising out of or relating to the Service will not exceed the amounts you paid to us for the Service in the twelve (12) months before the event giving rise to the claim. These limits do not apply to your payment obligations or to liability that cannot be limited by law.

14. Indemnification

You will defend, indemnify, and hold harmless Ariyes from claims, damages, and costs arising from your Customer Data, your communications, your violation of these Terms, the AUP, the DPA, or applicable law, or your infringement of third-party rights.

15. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will provide reasonable notice (for example, by email or in-product notice). Changes take effect on the stated effective date. Your continued use of the Service after that date constitutes acceptance.

16. Governing law and disputes

These Terms are governed by the laws of Portugal, without regard to conflict-of-laws rules. The parties submit to the exclusive jurisdiction of the courts of Lisbon, Portugal, except that either party may seek injunctive relief in any court of competent jurisdiction.

17. General

These Terms, together with the AUP, DPA, Privacy Policy, and Cookie Policy, are the entire agreement between you and us regarding the Service. If any provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them to an affiliate or successor. Nothing in these Terms creates a partnership, agency, or joint venture.

18. Contact

Questions about these Terms: [email protected], Ariyes Lda, Lisbon, Portugal (company registration no. 99102561).