Reseller and White-Label Agreement

Important: this document complements the General Terms and Conditions, the Privacy Policy, the Anti-Spam Policy, the Data Processing Agreement (DPA) and the other applicable arrobaMail policies. It does not replace them.

1. Identification and purpose

This Reseller and White-Label Agreement (the "Agreement") governs the specific conditions applicable to natural or legal persons who contract, use or manage an arrobaMail Reseller Plan (the "Reseller").

The Service is provided by TECSID de Danilo Raúl Garín, CUIT 23-23639244-9, with legal and tax domicile at Las Heras 155 (CP 1663), San Miguel, Province of Buenos Aires, Argentina, under the trade name arrobaMail.

The purpose of the Agreement is to set out the particular rules of the relationship between arrobaMail and the Reseller when the Reseller uses the platform to offer, under its own brand or in white-label mode, eMail Marketing, automation, artificial intelligence, contact management, integrations, API, deliverability tools and other enabled features to its own clients, users, sub-accounts or sub-resellers.

2. Integration with arrobaMail's legal framework

This Agreement is part of an integrated contractual framework. By contracting or using a Reseller Plan, the Reseller also accepts, as applicable:

the General Terms and Conditions;
the Privacy Policy;
the Anti-Spam Policy;
the Data Processing Agreement (DPA);
any other applicable policies and documents that arrobaMail publishes on its website;
the particular commercial conditions of the plan, license, sending volume, credits, infrastructure or additional services contracted.

In matters specifically related to the reseller or white-label model, this Agreement prevails over incompatible general provisions, without affecting any mandatory rules that may apply.

3. Nature of the relationship

The Reseller acts in its own name, on its own account and at its own risk, with commercial autonomy towards its clients.

Contracting a Reseller Plan:

does not create a partnership, mandate, agency, franchise, representation, employment relationship or association between arrobaMail and the Reseller;
does not authorize the Reseller to assume obligations, make statements, grant warranties or enter into contracts on behalf of TECSID or arrobaMail;
does not turn the Reseller's clients, users or sub-resellers into direct clients of TECSID or arrobaMail.

The Reseller is solely responsible for defining its prices, margins, commercial conditions, billing arrangements, support, onboarding, customer service and contractual relationship with the persons or entities to which it grants access to the Service.

4. White label

Where the contracted plan includes the white-label mode, the Reseller may use the platform with its own visual identity, domain, logo and the elements enabled by arrobaMail.

The use of white label does not transfer to the Reseller any rights over the software, code, infrastructure, documentation, trademarks, artificial intelligence components or other intellectual property assets of TECSID or its licensors.

The Reseller shall refrain from presenting itself as the owner, original developer or proprietor of the underlying technology where this could mislead as to third-party rights or obligations that do not belong to it.

5. Hierarchical structure and downstream responsibility

The Reseller may, where its plan and permissions allow it, create and manage accounts, sub-accounts, users, operators and sub-resellers.

For the purposes of this Agreement, the "Downstream Structure" means the set of accounts, sub-accounts, users, clients, operators, sub-resellers and any other third party to which the Reseller, directly or indirectly, grants access to or resources of the Service.

The Reseller accepts that:

it is responsible to arrobaMail for the use of the Service by its entire Downstream Structure;
the creation of a sub-reseller does not create a direct contractual relationship between that sub-reseller and arrobaMail;
the existence of one or more hierarchical levels does not reduce or interrupt its contractual responsibility to arrobaMail;
it must implement reasonable controls over the accounts it enables and act upon abuse, risks, complaints or breaches;
it must ensure that the applicable legal and operational obligations are contractually passed on to its Downstream Structure.

6. No direct relationship with the Reseller's clients

arrobaMail provides infrastructure and software to the Reseller, but does not ordinarily take part in the commercial relationship the Reseller maintains with its clients.

Except where required by law, security needs, technical support, abuse prevention, incident investigation or protection of the infrastructure, arrobaMail:

does not contract directly with the Reseller's end clients;
does not invoice them;
does not set the commercial conditions the Reseller agrees with them;
does not provide direct commercial support to those clients;
does not assume the promises, warranties, discounts, service levels or commitments offered by the Reseller;
does not carry out prior editorial supervision of those clients' campaigns, lists, content or business decisions.

Any exceptional assistance that arrobaMail provides regarding a downstream account does not alter this allocation of responsibilities.

7. Reseller's obligation to contract properly with its clients

The Reseller must have sufficient terms, conditions, policies and, where applicable, data processing agreements in place to govern its relationship with its clients and users.

At a minimum, it must require from them obligations compatible with:

lawful use of the Service;
arrobaMail's Anti-Spam Policy;
the applicable privacy and data protection regulations;
the prohibition on using unlawfully obtained databases;
the protection of credentials and access;
the prohibition of unlawful or abusive content and conduct;
the rules on intellectual property;
security measures and cooperation in the event of incidents;
the unsubscribe, objection or rights-exercise mechanisms that may be required.

The Reseller is responsible for keeping sufficient evidence of that acceptance where reasonably necessary.

8. Lists, personal data, consent and communications

The Reseller is responsible for ensuring that it and its Downstream Structure have a sufficient legal basis to collect, upload, segment, process and use personal data and to send communications.

The Reseller warrants to arrobaMail that the lists and data added by it or by its Downstream Structure:

were lawfully obtained;
were not acquired, collected or used in breach of the applicable regulations;
have the consents, authorizations or other applicable legal bases;
respect the unsubscribes, objections and preferences of recipients.

arrobaMail does not validate in advance the lawfulness, origin or consent of each list uploaded by the Downstream Structure (see the Privacy Policy, section 3, and the DPA, section 1).

9. Anti-Spam, abuse, deliverability and reputation

The Reseller must prevent the Service from being used for spam, fraud, impersonation, phishing, distribution of unlawful content, infrastructure abuse or any activity prohibited by the applicable documents.

The Reseller acknowledges that the activity of an account may affect the reputation of domains, IPs, servers or shared infrastructure.

Upon reasonable indications of abuse or of technical, reputational, legal or security risk, arrobaMail may, depending on severity and urgency:

limit sends or features;
require information or corrective measures;
pause or suspend an account, sub-account or branch of the Downstream Structure;
temporarily block credentials or integrations;
isolate infrastructure;
cancel access in serious or repeated cases.

Where reasonably possible, arrobaMail will inform the Reseller and will seek to limit the measure to the scope necessary to control the risk.

10. Administrative access, support and access to downstream accounts

The reseller administration tools may allow the Reseller to access or "log in as" a downstream account to provide support, configure resources or diagnose problems.

The Reseller is responsible for using those tools in a legitimate, proportionate manner and in accordance with its own agreements with its clients.

arrobaMail may technically access accounts or information where necessary to provide support, maintain security, investigate abuse, comply with legal obligations or protect the continuity of the Service. Such access does not imply assuming the ordinary management of, or commercial responsibility towards, the end client.

11. Resources, sends, credits and allocation of consumption

The Reseller manages the resources associated with its operation, including, depending on the plan, licenses, sends, subscribers, credits, AI credits, integrations, infrastructure and other enabled capabilities.

Consumption by the Downstream Structure is allocated to the Reseller in accordance with the platform's current configuration, hierarchy, permissions and rules.

The Reseller is responsible for configuring appropriate limits, allocations and permissions, and for controlling the use of resources by its dependent accounts.

12. Artificial intelligence and external providers

The Service may incorporate artificial intelligence features of its own or provided through third parties.

The Reseller acknowledges that:

AI-generated results may contain errors, inaccuracies or inappropriate content, and must be reviewed before use;
the Reseller decides which accounts may access AI features and under what limits;
AI features may consume credits or other resources, according to the available configuration;
the Reseller is responsible for not uploading, or allowing to be uploaded, information that should not be processed by such services;
arrobaMail does not guarantee that an external provider will indefinitely maintain a feature, model, price, limit, region or service condition.

The rules on AI credits, API usage and other ways of accessing these features may evolve with the platform and will be communicated through the documentation or the account configuration.

13. APIs, credentials and integrations

The Reseller is responsible for safeguarding its keys, tokens, credentials, webhooks and access, and for ensuring that its Downstream Structure adopts equivalent measures.

Where the Reseller enables the use of its own API, credential or integration by a downstream account, such use is deemed authorized by the Reseller within the configured limits.

The Reseller must revoke or change credentials whenever there is a suspected compromise, staff change, termination of a client relationship or any other circumstance that so advises.

14. Security

The Reseller must apply reasonable security measures, including control of users, permissions, passwords, authentication, devices, domains and integrations.

It must notify arrobaMail without unreasonable delay of any incident that may affect the Service, other accounts, personal data or the reputation of the infrastructure.

15. Support and service levels

arrobaMail provides support to the Reseller in accordance with the contracted plan.

Unless otherwise agreed in writing, support to end clients is the exclusive responsibility of the Reseller.

The Reseller may not offer, on behalf of arrobaMail, warranties of availability, deliverability, resolution times, backups, data recovery or other service levels beyond those expressly assumed by arrobaMail.

16. Billing and economic relationship with the Reseller's clients

arrobaMail invoices the Reseller for the services, licenses and resources contracted in accordance with the applicable commercial conditions.

The Reseller invoices and collects from its own clients on its own account and under its sole tax, commercial and administrative responsibility.

Debts, disputes, refunds, taxes, withholdings, chargebacks or claims between the Reseller and its clients do not give rise to any payment, reimbursement or intervention obligation on the part of arrobaMail, unless a legal obligation or a written agreement provides otherwise.

17. Regulatory compliance

The Reseller must comply with, and where applicable enforce, the regulations applicable to its activity, its clients, the recipients of communications and the territories in which it operates.

The Reseller acknowledges that compliance may require adaptations due to changes in data protection, artificial intelligence, e-commerce, commercial communications, cybersecurity, intellectual property, consumer protection or other regulatory areas.

18. Intellectual property and content

Each party retains ownership of its trademarks, content and other pre-existing rights.

The Reseller and its Downstream Structure retain ownership of the content they add to the Service, without prejudice to the technical licenses necessary for arrobaMail to process it and provide the Service.

The Reseller is responsible to arrobaMail for claims arising from content, trademarks, images, databases or materials used by its Downstream Structure, where such claims are attributable to the activity of that structure.

19. Reseller's specific indemnity

Without prejudice to the indemnity set out in the General Terms and Conditions (section 8), the Reseller undertakes, to the fullest extent permitted by law, to hold TECSID, arrobaMail, their collaborators and providers harmless from claims, penalties, damages, costs, fees or reasonable expenses arising from:

the Reseller's relationship with its Downstream Structure;
promises, contracts or conditions offered by the Reseller;
spam, unauthorized communications or unlawful use of databases;
privacy or data protection breaches;
unlawful content or intellectual property infringements;
misuse of credentials, APIs or integrations;
legal or contractual breaches by the Downstream Structure;
any use of the Service contrary to the applicable documents.

This clause does not exclude liabilities that by law cannot be limited or transferred.

20. Regulatory, technological and operational evolution

The Reseller acknowledges that the Service is developed in a dynamic technological and regulatory environment.

arrobaMail may update policies, security rules, technical requirements, anti-abuse mechanisms, AI features, providers, integrations, operational limits and documentation in order to:

comply with new laws or regulations;
respond to requirements from authorities or providers;
protect security, privacy, deliverability or reputation;
incorporate, replace or withdraw technologies;
prevent abuse;
improve the continuity or quality of the Service.

Substantial changes will be communicated with reasonable notice where possible. Changes required by law, security, incidents or third-party conditions may require immediate application.

21. Changes to the contractual framework

The published version of this Agreement may be updated for new contracts and for the future continuity of the Service, in accordance with the communication rules set out in the General Terms and Conditions and the applicable regulations.

The parties may also sign an individual agreement identifying the version in force at the time of its execution.

Previous versions are kept on file for traceability and evidence purposes. Each published version carries a version number, an effective date and a digital fingerprint (SHA-256) of its content, which is recorded with each contract.

22. Term and termination

This Agreement remains in force for as long as the Reseller maintains an active contractual relationship under a Reseller Plan, without prejudice to the obligations that by their nature must survive termination, including confidentiality, outstanding payments, indemnity, intellectual property and defense against claims.

Upon termination of the relationship, the Reseller must take the necessary measures regarding its clients and export the relevant information within the retention periods set out in the General Terms and Conditions (section 6).

23. Governing law and jurisdiction

This Agreement is governed by the laws of the Argentine Republic.

For relationships between companies or professionals, and unless a mandatory rule provides otherwise, the parties submit to the jurisdiction set out in arrobaMail's current General Terms and Conditions (section 13).

24. Language and translations

The original and legally prevailing version of this Agreement is the one written in Spanish.

arrobaMail may publish translations into English, Portuguese or other languages for informational and commercial accessibility purposes. In the event of any difference, ambiguity or inconsistency between a translation and the Spanish version, the original Spanish version prevails, unless an applicable mandatory rule provides otherwise.

Every translated version includes a visible, direct link to the original Spanish version.

25. Contact

Enquiries related to this Agreement are handled through the usual contact channels published on the website: the contact channel, the commercial WhatsApp line or the email address listed in the Legal Center.

Last updated: September 4, 2026 — Version 1.0 (informational translation of the Spanish original, version 1.0). Document specific to Reseller Plans; the original Spanish version is the legally prevailing one.