1. Owner

LoboTrack Mail ("LoboTrack") is a service of Loboware, S.L., Tax ID (CIF) B75505677, with registered office at Carrer Manzanares 3, 08014 Barcelona, Spain, registered in the Barcelona Commercial Registry. Contact: [email protected].

2. Purpose and acceptance

These terms govern the use of LoboTrack, which includes the LoboTrack extension for Google Chrome, the LoboTrack web dashboard and its website. By signing up or using the service you accept these terms, as well as the Privacy policy and the Cookie policy. If you do not agree, you must not use the service.

3. Description of the service

LoboTrack lets you import contacts, prepare and schedule emails sent from your Gmail account, and check the opens detected and the clicks on their links.

To use it you need a Google account with Gmail on the web and the Google Chrome browser or another Chromium-based browser. LoboTrack uses Google APIs, so its operation also depends on Google's services and terms.

Open detection is not exact: some email providers block images or cache them. An open should be read as a signal of activity, not as confirmation that the email was read.

4. Sign-up and account

• You must be over 18 and provide accurate, up-to-date information.
• You are responsible for keeping your access confidential and for all activity carried out from your account.
• You must notify us immediately if you detect any unauthorized access.

5. Plans, prices and payments

Free plan. LoboTrack offers a free plan with a limited number of sends, which may include a mention of LoboTrack in the emails sent. The current limits are published on the website and in the dashboard. [PENDING: define the free plan limits.]

Paid plans. The prices and conditions of each plan are shown on the website before purchase. Prices include Spanish VAT where applicable; in other territories, the taxes established by law will apply.

• Payments are processed through Stripe. Loboware, S.L. does not store your full card details.
• Subscriptions renew automatically at the end of each period unless you cancel them before.
• You can cancel at any time from your account. There is no minimum term unless stated otherwise. Cancellation takes effect at the end of the period already paid.

Right of withdrawal. When you subscribe to a paid plan, you expressly request that the service start immediately and accept that, once it has started, you lose the right of withdrawal, in accordance with article 103 of Spanish Royal Legislative Decree 1/2007, approving the consolidated text of the General Law for the Protection of Consumers and Users.

6. Acceptable use and responsible sending

You are solely responsible for the emails you send with LoboTrack and for the contacts you write to. In particular, you undertake to:

• Only email people you have a legal basis to contact, such as their consent or a prior business relationship, in accordance with the General Data Protection Regulation (GDPR) and the LSSI-CE or the law that applies to you.
• Inform your recipients about the processing of their data and about open and click tracking where the law requires it.
• Honor unsubscribe requests and not add back people who have unsubscribed.
• Not send spam, not use lists that were bought, rented or obtained without consent, and not impersonate others.
• Not send unlawful, misleading, fraudulent or offensive content, content that infringes third-party rights, or malicious software.
• Respect Gmail's and Google's limits and terms of use.
• Not resell the service, share your account or attempt to access unauthorized parts of LoboTrack's systems.

The number of emails you can send also depends on the limits of Gmail or your email provider. LoboTrack does not guarantee that emails will be delivered or reach the inbox.

7. Processing of data on the user's behalf

For the data of the contacts you import and the tracking data of your emails, you are the data controller and Loboware, S.L. acts as data processor. This section constitutes the data processing agreement required by article 28 of the GDPR:

• Subject matter and duration: providing the LoboTrack service while you have an active account.
• Nature and purpose: storing your contacts, sending your campaigns from your Gmail account and recording their opens and clicks.
• Data processed: email address, name and any other fields you import, tags and subscription status of your contacts, and the date and time, IP address and browser and device data of opens and clicks.
• Categories of data subjects: your contacts and the recipients of your emails.
• Instructions: Loboware, S.L. will only process the data according to your instructions, which are those you give when using the service, and will not use it for its own purposes.
• Confidentiality: people authorized to process the data are bound by a duty of confidentiality.
• Security: appropriate technical and organizational measures are applied, such as encrypting contacts' basic data.
• Sub-processors: you authorize Loboware, S.L. to use the providers listed in the Privacy policy, such as the hosting provider in Germany. We will inform you of any change of sub-processors so that you can object.
• Assistance: Loboware, S.L. will help you respond to your contacts' requests to exercise their rights and meet your obligations regarding security, breach notification and impact assessments.
• Security breaches: Loboware, S.L. will notify you without undue delay of any security breach affecting this data.
• End of processing: deleting a campaign erases its tracking data, and deleting your account erases your contacts and campaigns, unless there is a legal obligation to keep them.
• Information and audits: Loboware, S.L. will make available to you the information needed to demonstrate compliance with these obligations.

8. License

Loboware, S.L. grants you a personal, limited, non-exclusive and non-transferable license to use LoboTrack while your account is active and in accordance with these terms. You may not copy, modify, decompile or distribute the software, except as permitted by law.

9. Intellectual and industrial property

LoboTrack, its software, its design and its brand are owned by Loboware, S.L. or by third parties who have authorized their use. The content you enter into the service remains yours.

10. Support

You can contact LoboTrack support at [email protected].

11. Suspension and termination

Loboware, S.L. may suspend or terminate your account if you breach these terms, especially the acceptable use rules; if it detects fraudulent or abusive use; or if your use puts the security of the service, other users or third parties at risk. In these cases, no compensation or refund will be due.

You can delete your account and its related data at any time from the platform.

12. Disclaimer and limitation of liability

LoboTrack is provided "as is". Loboware, S.L. strives to keep the service running continuously and correctly, but does not guarantee that it will be free of errors or interruptions, particularly those caused by Google, Gmail, Chrome or other third-party services.

To the extent permitted by law, Loboware, S.L. is not liable for indirect damages, loss of profits, loss of data or business interruption, or for the consequences of the emails you send or your use of the service. Nothing in these terms limits the rights that consumer law grants to users who qualify as consumers.

13. Changes

Loboware, S.L. may change these terms. We will publish the new version on this page with its update date and, if the changes are significant, we will notify you in advance. If you continue to use the service after they take effect, you will be deemed to accept them.

14. Applicable law, jurisdiction and language

These terms are governed by Spanish law. For any dispute, the parties submit to the courts of Barcelona, unless consumer protection law establishes a different jurisdiction.

These terms are published in Spanish and English. In case of discrepancy, the Spanish version shall prevail.

15. Severability

If any clause of these terms is declared void, the remaining clauses will remain valid.