Terms of service

1. Who provides the service

The smtp365 service is provided by TritoTech S.r.l., registered office at via S. Pertini 31, 20041 Bussero (MI), Italy, VAT number and tax code 09927240961, certified email (PEC) tritotech@pec.it (the "Provider"). The service is reserved for businesses, professionals and organisations (the "Customer") and is not intended for consumers.

2. What the service does

smtp365 receives the messages sent by the Customer's devices and applications using dedicated credentials and delivers them through the Customer's own Microsoft 365 mailbox, which the Customer connects and authorises. The service does not include the Microsoft 365 licence, which the Customer must already have in place.

3. Account and credentials

The Customer is responsible for the credentials generated for its devices and for keeping them safe. If misuse is suspected, the Customer must disable them immediately from the dashboard. The Provider may suspend a credential or a mailbox that sends messages abnormally, informing the Customer.

4. Acceptable use

The service is meant to let the Customer's devices and applications send email. It must not be used to send unsolicited commercial communications, unlawful content, messages that breach the Microsoft 365 terms of use, or to get around Microsoft's sending limits. In the event of a breach the Provider may suspend the service without notice.

5. Free trial

The Customer may try the service free of charge for 30 days, within the limits shown on the Pricing page. Nothing is charged automatically at the end of the trial: to carry on, the Customer chooses a paid plan.

6. Prices, payment and invoicing

Prices are those published on the Pricing page at the time of subscribing, in euros and excluding VAT. The subscription is paid in advance, monthly or yearly, by card or SEPA Direct Debit, and renews automatically for the same period. The Provider issues electronic invoices. Any price changes are notified at least [30] days in advance and apply from the following renewal.

7. Sending limits

Each plan includes a number of mailboxes and of messages per month. Beyond these limits, new messages may be refused until the following period or until mailboxes are added. The limits that Microsoft 365 applies to the Customer's mailbox continue to apply in any case.

8. Cancellation

The Customer may cancel at any time from the dashboard. The service remains active until the end of the period already paid for, and no refunds are given for partial periods. After cancellation, data is deleted as described in the privacy policy.

9. Service availability

The Provider undertakes to keep the service continuously available and publishes its status on the Service status page. The service also depends on the availability of Microsoft 365, which is outside the Provider's control. [Any guaranteed service levels to be defined.]

10. Liability

The Provider is liable for damage caused by wilful misconduct or gross negligence. In all other cases the Provider's total liability is limited to the amount paid by the Customer in the twelve months preceding the event. The Provider is not liable for failed delivery due to the Customer's configuration, to limits or outages of Microsoft 365, or to force majeure.

11. Personal data

For data processed on behalf of the Customer, the Provider acts as processor under Art. 28 GDPR, in accordance with the data processing agreement [annex to be prepared]. The content of messages is not stored. Details are in the privacy policy.

12. Changes to these terms

The Provider may update these terms by notifying the Customer by email at least [30] days in advance. If the Customer does not accept the changes, it may cancel before they take effect.

13. Governing law and jurisdiction

These terms are governed by Italian law. The courts of Milan have exclusive jurisdiction over any dispute.