Terms of Service - CrewMailer

Last Updated: March 31, 2025

1. Acceptance of Terms

By accessing or using the CrewMailer service ("Service"), operated by NamiLink Kft ("CrewMailer", "we", "us"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not use the Service. Accessing the free tier or completing the payment process for a paid project constitutes your acceptance of these Terms.

2. Description of Service

CrewMailer provides a platform for users, primarily film production teams, to upload production documents (such as call sheets and scripts), manage recipient lists (project members, distribution groups), apply unique watermarks to PDF documents based on recipient identity, and distribute these documents via email. The Service includes:

• A free tier allowing registered users to create projects and send up to 10 watermarked emails per day.
• Paid project tiers (activated after payment confirmation) allowing for higher or unlimited email sending volume, enhanced support, and potentially other features as described on our website or in your specific agreement.
• Secure storage for original uploaded documents while the project is active and for a defined period after archiving.
• Watermarking functionality is applied only to uploaded PDF files. Other file types may be attached but will not be watermarked.
• An email size limit of 15MB per email, including all attachments.

3. User Accounts

To use the Service, you must register for an account using our authentication provider Auth0. You can authenticate via email magic links, Google, Apple ID, or Microsoft accounts. You agree to provide accurate, current, and complete information during registration and keep your account information updated.

Auth0 acts as our authentication processor and may collect and process your authentication data in accordance with their privacy policy (https://auth0.com/privacy). We remain responsible for your personal data as the Data Controller under GDPR.

You are responsible for maintaining the security of your authentication methods and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

4. User Conduct

You agree not to use the Service to:

• Violate any applicable laws, regulations, or ordinances (including data protection and privacy laws).
• Infringe upon the intellectual property, privacy, or other rights of third parties.
• Upload, store, or distribute malicious software (viruses, malware, etc.).
• Send spam, unsolicited commercial emails, or marketing campaigns. The Service is intended for operational production communications only.
• Attempt to gain unauthorized access to the Service, other users' accounts, or our computer systems or networks.
• Interfere with or disrupt the integrity or performance of the Service or the data contained therein.
• Exceed the usage limits of your subscribed plan.

You are solely responsible for the accuracy and legality of the recipient email addresses and any other personal data you upload or provide to the Service. You represent and warrant that you have the necessary rights and consents to provide recipient data to us for processing according to these Terms and our Privacy Policy.

5. Intellectual Property

• Your Content: You retain full ownership and all intellectual property rights to the original documents and recipient data you upload to the Service ("User Content").
• Our License to Your Content: You grant CrewMailer a worldwide, non-exclusive, royalty-free, sublicensable license solely for the purpose of operating, providing, securing, and improving the Service. This includes the rights to store, process, watermark, transmit via email, and technically manipulate your User Content as necessary to perform the Service functions requested by you. This license terminates when your content is deleted from the Service according to our data retention policies.
• Our Service: All rights, title, and interest in and to the Service itself (including the platform, software, website, branding, and underlying technology, excluding User Content) are and will remain the exclusive property of CrewMailer and its licensors. Our trademarks, trade names, service marks, and logos are protected by law.

6. Payment Terms (Paid Projects)

• Access to features beyond the free tier (e.g., sending more than 10 emails per day) requires payment.
• Pricing is typically determined per project based on custom negotiation or as listed on the CrewMailer website (crewmailer.com/pricing).
• Payment is currently processed via wire transfer. Upon agreement on the price, NamiLink Kft will issue a pro forma invoice.
• Paid features for the specific project will be activated upon confirmation of receipt of the full payment via wire transfer.
• Following payment confirmation, NamiLink Kft will issue a final electronic invoice compliant with Hungarian regulations.
• All fees are non-refundable except as explicitly stated in the Service Levels and Support section (Section 7) or as required by mandatory applicable law.

7. Service Levels and Support

• Uptime: We target a Service uptime of 97.0% per calendar year, excluding scheduled maintenance.
• Outage Remedy: If the Service experiences an unscheduled outage exceeding 24 consecutive hours, paid users for affected projects may request a service credit equivalent to 50% of the fee paid for that specific project. This credit is the sole and exclusive remedy for any Service unavailability. Requests must be made within 30 calendar days of the outage via support@crewmailer.com.
• Support:
  • Free Tier Users: Support is provided via email (support@crewmailer.com) with a target response time of two (2) business days during standard Hungarian business hours.
  • Paid Project Users: Support is provided 24/7 via email (support@crewmailer.com - target response time 24 hours) and a dedicated phone hotline (target response time 30 minutes).

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, CREWMAILER (INCLUDING ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (C) ANY CONTENT OBTAINED FROM THE SERVICE; OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL CREWMAILER'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF ONE HUNDRED EUROS (€100) OR THE AMOUNTS PAID BY YOU TO CREWMAILER FOR THE SPECIFIC PROJECT RELATED TO THE CLAIM IN THE 12 MONTHS PRECEDING THE CLAIM.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF CREWMAILER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

9. Termination

• By You: You can terminate your account at any time by sending a request to support@crewmailer.com. Account deletion will be processed within a maximum of two (2) business days.
• By CrewMailer: We reserve the right to suspend or terminate your account and access to the Service at our sole discretion, without notice, for any reason, including but not limited to:
  • Breach of these Terms (including non-payment or violation of User Conduct).
  • Extended inactivity on a free account.
  • If required by law or due to unforeseen technical or security issues.
• Effect of Termination: Upon termination, your right to use the Service ceases immediately. We may delete your account information and User Content according to our data retention policies outlined in the Privacy Policy. Sections 5, 8, 9, 11, and 12 of these Terms shall survive termination.

10. Changes to Terms

CrewMailer reserves the right to modify these Terms at any time. We will provide notice of significant changes by posting the new Terms on the Service and updating the "Last Updated" date. For substantial changes, we may also notify you via email. Your continued use of the Service after such changes constitutes your acceptance of the new Terms.

11. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Hungary, without regard to its conflict of law provisions. Any dispute arising out of or in connection with these Terms, including disputes regarding their existence, validity, or termination, shall be subject to the exclusive jurisdiction of the competent courts located in Komárom-Esztergom County, Hungary.

12. Contact

If you have any questions about these Terms, please contact us at:
NamiLink Kft
Address: 2856 Szákszend, Móra Ferenc utca 8/c, Hungary
Email: support@crewmailer.com