Legal

Terms of Service

Contractual terms governing use of the ORIVYO platform.

Last updated: 02 November 2025

By accessing or using ORIVYO, you agree to these Terms. If you use the Service on behalf of an organization, you represent that you are authorized to bind that organization. This template is professional in scope but does not constitute legal advice—obtain counsel review before production use.

1. Definitions

“ORIVYO,” “we,” “our,” “us” — the operator of the ORIVYO platform and related modules.

“Service” — access to web panels, APIs, and functionality enabling dynamic image and email asset creation, hosting, and tracking; A/B/C testing; live polls; calendar and wishlist voting; QR codes, vouchers, tickets; loyalty points; scratch and guess games; adaptive visuals; analytics and exports.

“Customer,” “you,” “your” — any individual or entity using the Service.

“Customer Data” — content, images, text, configurations, recipient data, and logs you upload or that are generated via your use of the Service.

2. Agreement to Terms

You accept these Terms by accessing or using the Service. If you do not agree, do not use the Service.

3. Eligibility & Registration

  • You must be 18+ or have legal capacity to contract.
  • Provide accurate, current, complete registration information.
  • Use by sanctioned parties or for unlawful purposes is prohibited.

4. Account Security

  • You are responsible for safeguarding credentials and all activity under your account.
  • Notify us promptly of suspected unauthorized access.
  • We may suspend access to protect security or prevent abuse.

5. Subscriptions, Billing, and Refunds

  • Certain features require a paid plan. Pricing and limits appear in the dashboard or site.
  • Subscriptions are prepaid; unless expressly stated, fees are non-refundable for elapsed periods.
  • Past-due amounts may trigger suspension/termination and archival or deletion after a reasonable period.
  • Third-party processor fees are your responsibility.

6. Email Compliance & Anti-Spam

  • You are solely responsible for compliance with applicable laws (GDPR/EU ePrivacy, local data protection, and where applicable CAN-SPAM/UK PECR) and for obtaining valid consent or other lawful basis.
  • Unsolicited commercial email and purchased/invalidated lists are prohibited.
  • Use of dynamic images/pixels requires transparency and a lawful basis.
  • You are responsible for claims, offers, content, and third-party IP compliance.

7. Customer Content & Data

  • You retain ownership of your content. You grant us a non-exclusive license to host, process, display, and transmit it as required to provide the Service.
  • You represent you have necessary rights and that your content does not infringe third-party rights.
  • We may remove or block content that violates these Terms, law, or a valid complaint.
  • Reasonable export/download means are provided where available in the dashboard.

8. Acceptable Use

  • Prohibited: unlawful activity; data abuse; malware; phishing; IP infringement; illegal content; hate speech; incitement to violence; pornographic/exploitative or discriminatory content; fraud or manipulative practices.
  • No overloading infrastructure, bypassing limits, scraping, or penetration testing without written authorization.
  • Respect plan limits: request quotas, asset sizes, campaign counts, bandwidth, and similar constraints.

9. Platform Features

  • Dynamic Email Images — time/location/tag personalization; overlays; product badges; adaptive visuals.
  • A/B/C Testing — randomized variants, views/clicks, CTR charts.
  • Polls & Voting — live polls, calendar voting, wishlist voting.
  • Interactive Games — scratch; guess & win.
  • QR / Vouchers / Tickets — generation, tracking, redirects, loyalty integration.
  • Loyalty Points — points on view/click/purchase/scan under defined rules.
  • Analytics & Export — charts, CSV, logging, no-cache protections where needed.

Some features require third-party keys/accounts (e.g., OpenWeatherMap, ESPs). You supply and control such keys and their use.

10. Privacy & Cookies

  • We may act as controller and/or processor depending on configuration and your instructions.
  • GDPR: applicable obligations are met; a DPA is available upon request.
  • Technical logs/events (e.g., view/click/scan/vote) may include IP and user-agent for security, fraud prevention, and reporting.
  • Cookies/local storage for sessions, preferences (theme), anti-double-vote, and analytics.

11. Third-Party Services

Integrations (payments, email, weather, analytics) are governed by third-party terms. We are not responsible for their availability, API changes, pricing, or policies.

12. Availability, Support, and Modifications

  • Service is provided “as-is/as-available”. Maintenance or security events may cause interruptions.
  • We may modify or discontinue features for technical, legal, or low-usage reasons, with reasonable notice where feasible.

13. Beta / Experimental

Beta features are provided without warranties, may contain defects, and may change or be disabled without notice.

14. Intellectual Property

  • The platform, code, designs, databases, and documentation are owned or licensed by us; only limited rights necessary to use the Service are granted.
  • Open-source components remain under their respective licenses.

15. Disclaimers

To the fullest extent permitted by law, the Service is provided “as-is” and “as-available,” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

16. Limitation of Liability

To the fullest extent permitted by law, our aggregate liability for all claims related to the Service will not exceed the fees you actually paid during the twelve (12) months preceding the event. We are not liable for indirect, incidental, consequential, special, exemplary, or punitive damages, or for lost profits, data, or business interruption.

17. Indemnification

You will indemnify, defend, and hold harmless ORIVYO and its affiliates, officers, agents, and employees from claims and costs (including reasonable attorneys’ fees) arising from your content, campaigns, breach of these Terms, or violation of law.

18. Termination & Data Handling

  • You may terminate at any time via the dashboard; fees are not refunded for elapsed periods unless expressly stated.
  • We may suspend or terminate for breach, security risk, or non-payment.
  • Upon termination, data may be deleted or archived after a reasonable period unless retention is required by law.

19. Governing Law & Dispute Resolution

  • Governing law: Republic of Bulgaria law and applicable EU law.
  • Venue: competent Bulgarian courts, unless mandatory law provides otherwise.
  • Parties should first attempt informal resolution using the contacts below.

20. Changes to these Terms

We may update these Terms periodically. Material changes will be announced in the dashboard or on the website. Continued use after the effective date constitutes acceptance.

21. Company Details & Contact

Legal name: ORIVYO OOD (example; replace with exact legal name)

Company ID (EIK): [enter]

Registered seat & address: [enter]

Support: [email protected]

Website: www.orivyo.com

For GDPR requests, use subject “GDPR Request” and specify type (access, rectification, erasure, restriction, objection, portability).

If any provision is unenforceable, the remainder remains in effect. Failure to enforce is not a waiver.

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