PowerMarketing Terms of Use

Version of September 13, 2026

These Terms of Use ("Terms") govern the use of the PowerMarketing platform ("Platform"), provided by Global Innovation Technology ("PowerMarketing" or "we"). By creating an account or subscribing to a plan, you ("Customer") agree to these Terms, to the Anti-Spam and Acceptable Use Policy (section 6), to the Privacy Policy (section 9) and to the Data Processing Agreement (section 10).

1. The service

1.1. PowerMarketing is a self-service email marketing and newsletter platform: contact import and management, an editor with templates, campaign sending and scheduling, and results reports.

1.2. The Platform evolves over time. Features announced as "coming soon" are not part of your subscription until they are actually released.

2. Account

2.1. To use the Platform you must have legal capacity to enter into contracts, provide accurate information and keep it up to date.

2.2. You are responsible for keeping your password safe and for all activity on your account.

3. Plans, quotas and one-off packs

3.1. Monthly plans have a limit of subscribed contacts and a sending quota per billing cycle, shown on the plans page. Unsubscribed, bounced and complaining contacts do not count toward the limit.

3.2. Unused sending quota does not roll over to the next cycle.

3.3. One-off packs are sending credits paid once, valid for 12 months from purchase and used after the monthly quota, starting with those that expire first.

3.4. If your account goes over its contact limit, we will let you know and may block new imports until you upgrade or clean your list. We never charge extra amounts without your request.

3.5. Price changes are announced in advance, by email or in the dashboard, before they apply to your subscription.

4. Payment and cancellation

4.1. Subscriptions are billed monthly and automatically to the credit card you provide. Payments are processed by Stripe; we do not store your card number.

4.2. No lock-in: you can cancel your subscription at any time with 1 click in the dashboard, with no fee. Your access continues until the end of the period already paid.

4.3. Service delivered and consumed: because this is a service that is delivered and consumed (emails sent, dedicated infrastructure and sending reputation), periods already started and sending packs already credited are non-refundable. One-off sending packs are valid for 12 months and are non-refundable after purchase.

4.4. Upgrades take effect immediately, with prorated billing; downgrades take effect from the next cycle.

4.5. If a payment fails, we will notify you by email and in the dashboard. After 7 days without payment, sending is blocked; your data remains preserved.

4.6. After your subscription ends, your contacts, lists and templates are kept for 90 days and may then be deleted.

5. Your list and contact consent

5.1. You may only email people who have agreed to receive your emails or with whom you have another valid legal basis under applicable data protection law, including Brazil's General Data Protection Law (LGPD, Law 13,709/2018).

5.2. By importing or adding contacts you confirm that you hold this consent and agree to provide proof of it when requested.

5.3. Every email must identify the real sender and include, in the footer, a postal address and a way to get in touch. PowerMarketing automatically adds the legal footer and the unsubscribe link.

6. Anti-Spam and Acceptable Use Policy

You may not use the Platform to:

• send to purchased, rented, borrowed lists, or lists harvested automatically from websites and social networks;
• send to people who have not agreed to receive your emails or who have already asked to leave;
• send illegal, misleading or fraudulent content, phishing, viruses or malicious links;
• promote pyramid schemes, unauthorized gambling or products prohibited by law;
• send content that incites hatred, violence or discrimination, or that infringes third-party rights;
• forge senders, headers or subject lines to deceive recipients;
• attempt to bypass sending limits, unsubscribes, blocks or the suppression list.

Addresses from free email providers (such as Gmail, Hotmail, Outlook and Yahoo) cannot be used as the sender. Use your own authenticated domain or the Platform's shared sender, with replies going to your email.

7. Deliverability and reputation protection

7.1. Every email sent includes 1-click unsubscribe and a legal footer, which cannot be removed.

7.2. Contacts who unsubscribed, bounced or marked a message as spam go to the suppression list and cannot be reactivated by the Customer, except with new consent from the contact.

7.3. To protect the reputation of all customers, new accounts have a progressive daily sending limit; campaigns with bounce or complaint rates above safe limits are paused automatically; suspicious imports may be reviewed before sending.

7.4. We may suspend sending or the account in case of breach of these Terms or risk to the Platform, notifying you whenever possible.

7.5. Inbox delivery also depends on receiving providers, content and list quality. For this reason we do not guarantee delivery of every message.

8. Content and intellectual property

8.1. Your contacts and campaign content remain yours. You authorize us to store and process them solely to provide the service.

8.2. The Platform, the PowerMarketing brand and the templates belong to their owners. You may use the templates in your campaigns while you have an active account.

9. Privacy Policy

9.1. Your account data: we collect name, email, billing data (processed by Stripe), and access and usage logs of the Platform.

9.2. How we use it: to provide the service, bill, offer support, keep things secure, meet legal obligations and send communications about your account.

9.3. Who we share it with: only suppliers essential to our operation, such as payment processing (Stripe), email sending infrastructure (Amazon Web Services) and hosting. We do not sell personal data.

9.4. Your contacts' data: we process it as a processor, only according to your instructions and the Data Processing Agreement (section 10).

9.5. Cookies: we use essential cookies for session, language and affiliate referrals.

9.6. Your rights: you can access, correct, export or delete your data in the dashboard or by writing to contact@powermarketing.com.br.

9.7. Retention: we keep data while the account exists and for as long as required by law.

10. Data Processing Agreement (DPA)

10.1. Roles: regarding your contacts' data, you are the controller and PowerMarketing is the processor.

10.2. Purpose: we process this data solely to store your contacts, send your campaigns, measure deliveries, opens and clicks, and handle unsubscribes, bounces and complaints.

10.3. Security and confidentiality: we apply reasonable technical and organizational measures, with restricted access and encrypted connections. Everyone who handles the data is bound by confidentiality.

10.4. Sub-processors: we use infrastructure, sending and payment suppliers that offer protection compatible with applicable law. Some may process data outside Brazil, always with legal safeguards.

10.5. Incidents: we will notify you without undue delay of security incidents affecting your contacts' data.

10.6. Data subject support: we help you respond to access, correction and deletion requests made by your contacts.

10.7. Termination: when the contract ends you can export your contacts; after the retention period in section 4.6, the data is deleted.

11. Liability

11.1. We work to keep the Platform available and secure, but interruptions may occur for maintenance or due to third-party failures.

11.2. To the extent permitted by law, we are not liable for lost profits, for the content of the Customer's campaigns or for blocks applied by receiving providers, and our total liability is limited to the amount paid by the Customer in the 12 months before the event.

12. Changes to these Terms

We may update these Terms. Relevant changes will be announced in advance by email or in the dashboard. If you do not agree, you may cancel your subscription before the change takes effect.

13. General provisions

13.1. These Terms are governed by the laws of Brazil. The courts of the consumer's domicile shall have jurisdiction, where applicable.

13.2. Questions: contact@powermarketing.com.br.

Auftragsverarbeitungsvertrag (DPA)

Bei der Nutzung von PowerMarketing sind Sie Verantwortlicher für die Daten Ihrer Kontakte und wir handeln als Auftragsverarbeiter, der diese Daten ausschließlich zum Versand Ihrer Kampagnen und zur Erfolgsmessung verarbeitet, gemäß LGPD (brasilianisches Gesetz 13.709/2018) und, soweit anwendbar, DSGVO.

Sie erklären, für jeden importierten Kontakt eine Rechtsgrundlage (Einwilligung oder berechtigtes Interesse) zu besitzen, diese zu dokumentieren und Abmeldewünsche sofort umzusetzen. Gekaufte, gescrapte oder nicht per Opt-in gewonnene Listen sind nicht erlaubt.

Wir setzen technische und organisatorische Sicherheitsmaßnahmen um, nutzen Ihre Kontakte nie für andere Zwecke, melden Sicherheitsvorfälle und löschen die Daten bei Kontoschließung unter Beachtung gesetzlicher Aufbewahrungsfristen.