Terms of Service

Vilmak ("Vilmak", "we", "us", "our") — these Terms of Service ("Terms") govern access to and use of the Vilmak outreach platform (the "Service"), a business contact-management and email outreach platform provided by Vilmak Ltd (company number 17425133, registered office: Bowen Suite, The Globe Centre, 1 St. James Square, Accrington, BB5 0RE) at marketing.vilmak.co.uk, to a business customer ("Tenant", "you"). By creating an account, accessing, or using the Service, the Tenant agrees to be bound by these Terms. If you are entering into these Terms on behalf of a company, you confirm you have authority to bind that company.

1. Definitions

• Authorised User means an individual permitted by the Tenant to access the Service under the Tenant's account — the tenant owner and any team members they invite.
• Tenant Data means all data submitted to, or generated within, the Service by or on behalf of the Tenant, including account data, Contact Data (defined below), campaign content, and the Tenant's own email-sending credentials, as described in our Privacy Policy.
• Contact Data means the business contact details (such as names, email addresses, phone numbers, job titles, and company names) that the Tenant enters, imports, or otherwise sources into the Service for the purpose of sending marketing communications.
• DPA means the Data Processing Agreement available at /dpa, which is incorporated into these Terms by reference and applies to any personal data processed by Vilmak on the Tenant's behalf.
• Order means any order form, quote, email confirmation, self-serve subscription selected via the Service's billing pages, or other written agreement between Vilmak and the Tenant specifying pricing, subscription term, or other commercial terms for the Service.

2. The Service

Vilmak provides a platform for managing business contacts and sending email marketing campaigns, including contact/lead storage and import, connection of the Tenant's own email-sending accounts, campaign creation and scheduling, reply tracking, and unsubscribe/suppression handling. Vilmak may update, improve, or modify the Service from time to time, provided that such changes do not materially reduce the core functionality the Tenant has subscribed to without reasonable notice.

3. Accounts and access

The Tenant is responsible for all activity that occurs under its account and the accounts of its Authorised Users, including maintaining the confidentiality of login credentials and the credentials of any email-sending account it connects to the Service. The Tenant must promptly notify Vilmak of any known or suspected unauthorised access. Vilmak is not responsible for losses arising from the Tenant's failure to safeguard its account or sending-account credentials.

4. Tenant responsibilities

The Tenant is responsible for:

• ensuring it has a lawful basis under UK GDPR and PECR (or the equivalent law of any other jurisdiction it markets into) to contact each individual or business in its Contact Data, including that the Tenant is the party responsible for identifying itself clearly in every communication and for the source of every contact it imports — Vilmak does not vet, verify, or endorse the source of any Contact Data the Tenant supplies;
• only importing or sourcing Contact Data that was already published by the relevant business for a similar purpose (for example, a published "contact us" address or a public business directory listing), and not knowingly importing personal data relating to consumers acting outside a business capacity, or data obtained through unlawful means (including scraping in breach of a website's terms, or purchasing lists from a source the Tenant cannot verify as compliant);
• honouring unsubscribe and suppression requests, and not attempting to circumvent, disable, or re-import a contact the Service has suppressed;
• keeping its own sending-account (SMTP/IMAP) credentials accurate and authorised for use by the Tenant, and for the sending reputation, deliverability, and any blacklisting of the sending domains or accounts it connects — Vilmak provides tooling to support good sending practice but does not control, and is not responsible for, decisions made by third-party mailbox providers (such as Gmail, Outlook, or Yahoo) about a Tenant's mail;
• the content of every campaign sent through the Service, including that it is not unlawful, defamatory, or misleading;
• ensuring the accuracy of information entered into the Service by its Authorised Users, and using the Service only for its intended, lawful purpose.

5. Acceptable use

The Tenant must not, and must ensure its Authorised Users do not:

• use the Service for any unlawful purpose, including sending unsolicited communications in breach of PECR, UK GDPR, CAN-SPAM, or any equivalent anti-spam or marketing law applicable to the recipient;
• attempt to gain unauthorised access to the Service or its underlying infrastructure;
• attempt to reverse engineer, decompile, or extract the source code of the Service, except to the extent permitted by law;
• interfere with or disrupt the integrity or performance of the Service, including any action likely to cause the Service's sending infrastructure or a connected sending account to be blacklisted;
• use the Service to store or transmit unlawful, defamatory, or infringing material, or to send phishing, malware, or deceptive content;
• send communications to a Contact who has unsubscribed or been suppressed, or knowingly target consumers outside of a legitimate business-to-business marketing context without the appropriate lawful basis;
• resell, sublicense, or provide access to the Service to any third party outside the Tenant's own organisation without Vilmak's prior written consent.

Vilmak may suspend a Tenant's use of the Service, without liability, where it reasonably believes the Tenant's use presents a material risk to the deliverability, reputation, or lawful operation of the Service for other Tenants (for example, a high spam-complaint rate or credible evidence of unlawfully sourced Contact Data), and will give notice and an opportunity to remedy where reasonably practicable before doing so.

6. Fees and payment

Fees are based on the subscription plan the Tenant selects (self-serve, via the Service's billing pages, or a custom Order for the Agency plan), and are billed in advance on a recurring monthly basis through our payment processor, Stripe, unless otherwise agreed in an Order. Subscriptions renew automatically each billing period until cancelled. The Tenant can cancel a self-serve subscription at any time via the billing portal; cancellation takes effect at the end of the current paid billing period, and fees already paid are non-refundable except as required by law. Vilmak may change self-serve plan pricing on reasonable notice; a price change will not apply to a Tenant's then-current billing period. Vilmak may suspend access if fees remain unpaid more than 14 days after the due date, following reasonable written notice.

7. Intellectual property

Vilmak and its licensors own all rights, title, and interest in the Service, including its software, design, and underlying technology. Nothing in these Terms transfers ownership of the Service to the Tenant. The Tenant retains all rights, title, and interest in Tenant Data, including Contact Data. The Tenant grants Vilmak a licence to host, process, and display Tenant Data solely to provide the Service.

8. Data protection

Vilmak will process personal data submitted to the Service in accordance with the Privacy Policy and the DPA. Where Vilmak processes personal data on the Tenant's behalf as a data processor, the terms of the DPA apply and are incorporated into these Terms by reference.

9. Confidentiality

Each party will keep confidential any non-public information disclosed by the other party in connection with the Service, and will not use such information except to perform its obligations under these Terms, except where disclosure is required by law.

10. Service availability and support

Vilmak will use reasonable endeavours to keep the Service available and to respond to support requests in a timely manner, but does not currently commit to a specific uptime guarantee or service level agreement. Planned maintenance will be carried out with reasonable notice where practicable. Actual email delivery and inbox placement additionally depend on factors outside Vilmak's control, including the Tenant's own sending domain reputation and the policies of third-party mailbox providers.

11. Term and termination

These Terms apply for the term set out in the applicable Order, or if none is specified, on a rolling monthly basis terminable by either party on 30 days' written notice (cancellation via the billing portal per section 6 satisfies this notice requirement for self-serve plans). Either party may terminate immediately if the other party commits a material breach that is not remedied within 14 days of written notice, or becomes insolvent. Vilmak may also terminate immediately for a breach of section 5 (Acceptable use) that presents a legal or reputational risk to Vilmak or its other Tenants.

12. Effect of termination

On termination, the Tenant's access to the Service will end. Vilmak will make Tenant Data available for export for a period of 30 days following termination, after which Vilmak will delete Tenant Data in accordance with the DPA, except to the extent retention is required by law or to the limited extent necessary to maintain suppression records as described in the Privacy Policy.

13. Warranties and disclaimers

The Service is provided "as is" and "as available". To the maximum extent permitted by law, Vilmak disclaims all warranties, express or implied, including fitness for a particular purpose, except as expressly set out in these Terms. For the avoidance of doubt, Vilmak does not warrant any particular email deliverability, inbox placement, open rate, or response rate for campaigns sent through the Service. Nothing in these Terms excludes liability that cannot be excluded under applicable law.

14. Limitation of liability

To the maximum extent permitted by law, neither party will be liable for any indirect, special, or consequential loss. Vilmak's total liability arising out of or in connection with these Terms will not exceed the fees paid by the Tenant in the 12 months preceding the event giving rise to the claim, except in respect of liability that cannot be limited by law (including death, personal injury caused by negligence, or fraud).

15. Indemnification

Each party will indemnify the other against third-party claims arising from that party's breach of these Terms, to the extent caused by its own negligence or wilful misconduct. Without limiting the foregoing, the Tenant will indemnify Vilmak against claims, fines, or regulatory action (including from the ICO or any other data protection or anti-spam authority) arising from the Tenant's Contact Data, its lawful basis for using it, or the content of campaigns it sends through the Service.

16. Changes to these terms

Vilmak may update these Terms from time to time. Material changes will be notified to the Tenant with reasonable advance notice. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

17. Governing law and jurisdiction

These Terms are governed by the laws of England and Wales, and the parties submit to the exclusive jurisdiction of the courts of England and Wales.

18. General

These Terms, together with the applicable Order, the Privacy Policy, and the DPA, constitute the entire agreement between the parties regarding the Service. If any provision is found unenforceable, the remaining provisions continue in effect. Neither party may assign these Terms without the other's consent, except to a successor in connection with a merger, acquisition, or sale of substantially all assets.

19. Contact

Questions about these Terms can be sent to info@vilmak.co.uk.