Obsedia Email.
Terms of Service

Obsedia Email Terms of Service

Version 1.1 · Last updated: 22 October 2026
Effective date: These Terms take effect for a merchant when this version has first been published and the merchant validly accepts it. They do not take effect retrospectively merely because of the date above.

Service provider: Genius Nutrition SRL, trading as OBSEDIA, VAT number RO35355847, Tamasi nr. 20, Buftea, Ilfov, Romania.
Support and contractual notices: support@obsedia.ai
Privacy matters: privacy@obsedia.ai

1. The agreement and who may accept it

These Terms govern the Obsedia Email application and related email-creation, sending, automation, reporting and AI-assisted services made available by OBSEDIA (the Service). Merchant, you and your mean the business identified in the accepted order or relevant merchant account, not each customer on its contact list. We, us and our mean Genius Nutrition SRL.

The Service is offered for business and professional use. The person accepting must have authority to bind the Merchant and must meet the age and legal-capacity requirements applicable to that acceptance. An agency or consultant must have the store owner's permission; access to a store does not by itself authorise that person to spend the owner's funds or instruct processing for unrelated purposes.

The agreement consists of these Terms, any expressly accepted written order, the Acceptable Use and Anti-Spam Policy, and the Data Processing Agreement (DPA) where we process personal data on your behalf. Our Privacy Policy, Subprocessor Register, Retention and Deletion Policy, and Security Overview explain the corresponding processing and safeguards. A privacy notice is not a general permission to use customer data for new purposes.

Mandatory law and applicable standard contractual clauses for international transfers prevail. The DPA prevails for the processing of Merchant Personal Data. A separately signed order prevails over these Terms only to the extent it expressly identifies a different commercial arrangement; it cannot remove mandatory data-protection duties. A specific accepted price or usage quotation governs that transaction. Other website descriptions do not silently amend an accepted agreement.

Acceptance must be evidenced by an authorised written or electronic record. Simply reading a policy, being an email recipient, or visiting our website does not make a person a Merchant or constitute consent to marketing. Section 20 addresses provisions that require express written acceptance under applicable law. Nothing here removes a consumer right or other right that applies compulsorily despite the intended business use.

2. Accounts, installations and authorised access

You must provide accurate account and store information, maintain a valid authorised installation, protect your platform accounts and credentials, and limit staff and agency access to people who need it. You are responsible for instructions actually issued by your authorised users within their authority. You must promptly report suspected compromise and remove access when a person is no longer authorised.

You must not impersonate another store, share a session to evade access controls, or use a changed installation to bypass a restriction. We may require proportionate identity or authority checks before disclosing information, changing access, reconciling a disputed transaction or acting on a deletion request. We will not ask you to send passwords or API secrets in an ordinary support email.

Shopify supplies platform authentication, installation and authorised commerce APIs under its own agreements. A disconnected installation, changed permissions, an unverified store identity, a privacy restriction or an unresolved billing state may prevent an operation until the relevant facts are verified. Installation or a previously valid session is not permanent authorisation for every later action.

3. Service scope and external dependencies

The available features, supported stores, limits and selected options are those actually offered in the Service or an accepted order. Features may include importing contacts, creating audiences, email design, AI assistance, campaign quotations, scheduling, merchant-enabled automations, delivery feedback and reporting. A feature description is not a commitment that a feature is available in every country, store, plan or configuration.

The Service depends on networks, Shopify, hosting, email delivery, AI and other technical services. You remain responsible for your own store, domains, DNS configuration, third-party applications, products and dealings with customers. Third parties may have their own lawful processing roles and contractual requirements. Their involvement does not remove our responsibility for subprocessors under the DPA.

We may apply reasonable usage, resource, rate and safety limits to protect accuracy, security, sender reputation and other merchants. A queued or scheduled action may be delayed or stopped by consent, sender, billing, platform or provider restrictions. There is no guaranteed execution time, throughput, inbox placement, delivery, open rate, click rate, conversion, revenue or sales result unless an expressly accepted written service-level agreement specifically provides one.

4. Your data, recipients and lawful use

You determine the lawful purpose of your campaigns, audiences and automations. You must have the rights, notices and legal basis required to collect, import, synchronise, disclose and use each category of information, including any tracking or personalisation. You must comply with applicable marketing, privacy, consumer, advertising and electronic-communications laws and the Acceptable Use and Anti-Spam Policy.

In particular, you must:

• obtain and retain valid, recorded email-marketing consent for every marketing recipient using this Service, including the appropriate source, scope and time evidence;
• use accurate, current audiences and honour withdrawals, objections, suppression, hard bounces, complaints and applicable frequency restrictions;
• identify the actual sender and business, provide the required company and postal-address information, and keep an effective unsubscribe mechanism in marketing messages;
• avoid purchased, rented, scraped or otherwise unlawfully obtained marketing lists, misleading sender identities, unlawful promotions and attempts to defeat safety controls; and
• assess whether open/click tracking, profiling and automated communications require an additional notice, permission or other safeguard.

A purchase, checkout, account registration, possession of an email address, or installation of our application does not by itself establish consent to marketing. Obsedia Email contractually requires valid, recorded email-marketing consent even where local law might permit a different marketing basis. A general data-protection lawful basis does not replace that service requirement. An import, later purchase or ordinary synchronisation must not override an unsubscribe, suppression or deletion protection; any valid renewed opt-in must pass the supported safeguards. Calling promotional content transactional does not change its legal character.

You must not send special-category data, government identifiers, payment-card details, authentication secrets or similarly sensitive information through ordinary campaign content or AI prompts unless we have expressly agreed to a suitable supported use in writing and all applicable legal conditions are met. The Service is not a confidential end-to-end encrypted messaging system.

Consent and unsubscribe controls help implement your obligations; they are not legal advice or a guarantee that an imported list is lawful. Do not disable, obscure or circumvent them. We may request reasonable evidence of audience provenance or permission when investigating abuse, subject to data minimisation and confidentiality.

5. AI, creative output and merchant actions

You must review AI-generated text, images, designs, product statements, links, discounts and other suggestions before relying on or publishing them. Output can be inaccurate, incomplete, non-unique or unsuitable. You remain responsible for product claims, intellectual-property clearance, pricing, promotions, accessibility and the final message. The Service does not supply legal, medical, financial or other regulated professional advice.

Requesting an AI draft is distinct from sending or scheduling a campaign, activating a discount, approving a purchase, or enabling an automation. Those actions require the relevant merchant action or an instruction within an automation you have enabled. Once you enable an automation, you authorise it to perform its disclosed actions when its conditions are met until you disable it, subject to applicable safety and privacy checks. A stopped AI request may already have consumed processing; stopping it does not necessarily recall a completed external action.

Only submit information necessary for the requested creative task. Do not paste a recipient list, credentials or unrelated customer records into a chat merely because the interface accepts text. Personal data you voluntarily include can be processed as part of that request. AI processing is subject to the DPA, the Subprocessor Register and the applicable data controls; no zero-retention or exclusively European AI-processing promise is made without a specifically agreed, verified arrangement.

These Terms do not authorise us or our AI subprocessors to train general-purpose models on your customer personal data, sell it, or reuse it to build another merchant's audience. Optional feedback does not grant those permissions.

6. Prices and the shared service-credit balance

The Service uses a prepaid service-credit balance for eligible email and AI usage. Credits are a contractual prepayment for our services. They are not a bank account, deposit, investment, general-purpose payment instrument or transferable money. You cannot withdraw or transfer them as funds. A refund or adjustment required under Section 8 is a separate reconciliation of the service contract, not a general cash-withdrawal facility.

The current standard email usage rate is USD 0.50 per 1,000 Accepted Emails, subject to the specific price and any free allowance shown in your current quotation. An Accepted Email is an email whose submission has been positively accepted by the delivery provider and accounted for by the Service. Acceptance is not proof of delivery to an inbox, reading or a sale. A later bounce or recipient rejection does not, by itself, reverse a correctly incurred acceptance-based charge.

AI charges vary with the selected model, operation and measured usage according to the applicable quotation and disclosed pricing. A selected model's availability and usage characteristics can differ from another model's. An estimate is not a guarantee of a fixed amount of output or a commercially useful result. Usage descriptions may be service-oriented; the identities and relevant roles of personal-data subprocessors remain disclosed through the legal documents.

Quoted limits, authorised prices and any applicable complimentary allowance govern the operation. We do not increase an already authorised price retrospectively. Changes apply prospectively and must be disclosed before you commit to the affected new usage. Where a material continuing commercial change requires advance notice or renewed approval, we will provide it; a new price does not itself authorise a new payment.

Credits do not automatically expire under these Terms. Any different expiry for a separately offered credit must be clearly disclosed before acquisition, lawfully accepted and consistent with mandatory law. Promotional or test credits have no cash value and are distinguished from paid credits. Taxes, currency conversion and platform charges apply only as lawfully disclosed in the relevant purchase or by the responsible payment platform; these Terms do not create an undisclosed fee.

7. Payment approval, usage and uncertain outcomes

Prepaid purchases use the normal Shopify billing and merchant-approval process made available for the store. You must review and approve the displayed purchase. We do not enable automatic top-ups or recurring debits under these Terms alone. A future automatic top-up, subscription or other recurring charge requires its own clear terms and separate express approval.

A redirect, pending purchase, temporary balance reservation or network response is not necessarily a completed payment. We verify and reconcile purchase and usage evidence. Repeating an uncertain request under a new identifier can create a second purchase; use the existing transaction record or contact support instead. Our reconciliation and duplicate-prevention controls must not be bypassed.

The Service may reserve an amount or pause affected usage while eligibility, available balance, purchase evidence or a provider outcome is unresolved. An unresolved reservation is not automatically a final charge or a promise of immediate credit release. We must investigate and review a hold, retain only necessary evidence, explain material restrictions where lawful, and resolve or escalate it without unreasonable delay. A hold is not permission for indefinite, unreviewed retention or an arbitrary penalty.

An unknown email submission must be reconciled before any resend that could duplicate it. Do not recreate an outbox item, campaign or transaction to evade that protection. Confirmed charges and corrections must follow the corresponding usage and financial records. A known pre-submission failure and an accepted submission are not interchangeable billing events.

We may decline new usage when the balance, pricing, store eligibility or required evidence is insufficient. You remain responsible for undisputed fees properly incurred before a pause or termination. Notify support promptly if you believe a charge is wrong; a support investigation period does not shorten a statutory claim period or require waiver of a lawful payment dispute.

Development stores. Verified Shopify development-store activity uses Shopify test billing where applicable and does not create real Shopify charges merely because a test purchase or test usage appears. Test balances are not real paid balances. Infrastructure, email and AI vendors may still charge OBSEDIA for testing; those vendor costs are borne by OBSEDIA and are not converted into an undisclosed real charge to the development store. Misrepresenting a store's status to obtain testing treatment is prohibited.

8. Cancellations, credits and refunds

You can stop future use and request cancellation through the supported store/application process or support. A scheduled action may be cancelled only while the relevant cancellation remains possible. A submission or other operation already accepted by an external provider cannot necessarily be recalled. Uninstalling the app is not proof that every in-flight operation has been cancelled or reconciled.

Correctly incurred charges for completed accepted-email or AI usage are not reversed merely because you later change your mind, do not publish the output or do not obtain a desired marketing result. This does not excuse an incorrect charge, a breach of this agreement or a refund required by law.

A request involving an unspent paid balance is handled through support and the applicable purchase/platform process after purchase and usage reconciliation. We do not represent that there is an automatic in-app refund or a general right to withdraw service credits as cash. Any refund expressly promised in an accepted purchase or required by applicable law will be honoured. Uninstalling alone does not turn unused paid credits into an additional fee or silently impose an expiry.

If we permanently discontinue the affected paid Service or terminate for our convenience without your material breach, we will reconcile and return unused paid amounts attributable to services we will not provide, subject to lawful deduction of amounts actually due. The same approach applies where the DPA provides for termination of an affected service because a reasonable subprocessor objection cannot be resolved. A lawful return is made through the original payment route where available, or another lawful method agreed with you. Promotional and test credits are not refundable money.

If termination follows your breach, we may recover properly due amounts and exercise a lawful right of set-off. We do not automatically confiscate every unused paid credit as a penalty. Disputed damages must be agreed, legally established or handled through the applicable dispute process. Nothing in this section limits mandatory rights against us or a payment platform.

9. Ownership and necessary licences

You retain your rights in the contacts, store information, brand assets, prompts, designs, messages and other material you supply (Merchant Content). You grant us a non-exclusive, limited licence to host, copy, transform, display and transmit that material only as necessary to provide and secure the Service, carry out your lawful instructions and meet applicable obligations. Access by subprocessors is governed by the DPA where personal data is involved. This licence does not authorise unrelated advertising, resale of your customer data or general-purpose AI training.

As between you and OBSEDIA, and to the extent OBSEDIA owns assignable rights in output generated specifically for you, we assign those rights to you. We cannot assign rights we do not own, guarantee that an AI output is copyrightable or unique, or grant rights in another person's trademarks, stock assets, licensed components or other third-party material. Any clearly disclosed third-party licence for an asset continues to apply.

We and our licensors retain the Service software, tools, general design system, documentation, know-how and pre-existing materials. Subject to this agreement, you receive a limited, non-exclusive right to use the Service for your authorised business activities while your access remains valid. You must not resell access, remove ownership notices, exploit another merchant's material, or reverse engineer or defeat controls except where applicable law expressly permits it despite this restriction.

You may provide suggestions voluntarily. We may use non-confidential feedback to improve the Service without payment, but feedback is not a licence to your customer personal data, confidential business information or protected material you do not own. We may use genuinely anonymous operational statistics lawfully generated from service operation; pseudonymous customer records are not treated as anonymous or licensed for unrelated reuse.

10. Confidentiality, privacy and security

Each party must protect the other's non-public information that is identified as confidential or reasonably should be understood to be confidential. It may be used only for the agreement and disclosed only to people who need it and are bound by appropriate confidentiality duties. Exceptions apply to information demonstrably public without breach, already lawfully known, independently developed, or lawfully obtained without restriction. A legally required disclosure must be limited and, where lawful, preceded by notice.

The Merchant ordinarily determines the purposes of processing its customers' data; OBSEDIA processes that data under the DPA. We separately act as controller for appropriate account, business-administration, security and legal records as explained in the Privacy Policy. Describing a party as processor does not change its actual role for a different activity.

We must apply appropriate technical and organisational measures and fulfil our DPA obligations. You must secure your accounts and integrations and promptly report suspected compromise. No security notice is an assurance that every risk has been eliminated, that all storage has a particular encryption configuration, or that OBSEDIA holds a certification belonging to a supplier.

The Retention and Deletion Policy governs applicable service retention criteria and return/deletion procedures. A lawful deletion instruction, required suppression or legal deadline is not overridden by a commercial disagreement. A financial or delivery hold may justify only scoped necessary evidence, not unrestricted retention of unrelated customer data.

11. Warranties and service limitations

Each party warrants that it has authority to enter into this agreement and will comply with applicable law in performing it. We will provide the Service with reasonable care and skill and perform the obligations expressly undertaken in the agreement. You warrant that your instructions and Merchant Content may lawfully be used as instructed.

Except for those express commitments and non-excludable obligations, the Service and AI output are provided as available, without additional implied warranties to the extent exclusion is permitted for a business agreement. We do not warrant uninterrupted or error-free operation, universal compatibility, or that a draft satisfies a particular advertising, intellectual-property or regulatory requirement.

Email can be delayed, filtered, rejected, cached, forwarded or rendered differently by recipient systems. Open/click indicators and attribution are estimates influenced by mailbox privacy controls, scanning, forwarding, tracking permissions and external systems. They are not proof that a particular human read or purchased. You should keep your own necessary business records and use the export/return process before ending access.

External-provider issues do not automatically make OBSEDIA responsible for matters beyond its reasonable control. This does not remove our own reasonable-care, subprocessor, security or data-protection obligations, or responsibility for a failure to take steps we were required to take.

12. Proportionate suspension and abuse prevention

We may restrict or suspend the affected feature, action or account where reasonably necessary to address unlawful messaging, credible abuse, compromised access, a material contractual breach, non-payment, an unresolved financial or delivery outcome, a binding legal requirement, or a serious threat to people, data or the Service.

Where practicable and lawful, we will identify the reason and give reasonable notice and an opportunity to remedy before suspension. Immediate action may be necessary to stop ongoing spam, unauthorised access, duplicate sending, a security incident or unlawful processing. We will provide an explanation and remediation route afterwards unless law, an investigation or a material security risk prevents it.

Restrictions must be proportionate to the issue, reviewed and removed when their justified basis ends. We may require relevant compliance evidence and decline an instruction that remains unsafe or unlawful. We do not promise to continue transmitting disputed or unknown-outcome messages while a complaint is investigated. Suspension does not authorise us to retain unrelated personal data indefinitely or prevent mandatory privacy rights.

13. Term and termination

The agreement continues until terminated. You may terminate by uninstalling or otherwise closing the relevant account, subject to completing outstanding lawful obligations. We may terminate for a material breach not remedied within 14 days after notice where it is capable of remedy, or immediately where continued performance would be unlawful, the breach is irremediable, or an urgent serious risk makes a cure period inappropriate.

We may terminate for convenience or discontinue the Service on at least 30 days' notice, except where a shorter period is required by law or an unavoidable serious security or platform event. We must use reasonable efforts to explain the effect, permit lawful data return and reconcile unused paid amounts under Section 8.

On termination, new use and new authorisations stop. Existing provider submissions, genuine payment obligations and necessary reconciliation can survive. We will not automatically resend an uncertain submission, create a replacement purchase, downgrade a privacy restriction or reactivate an opted-out customer merely to complete closure.

You should request return of Merchant Personal Data before deletion; we must comply with the DPA's return/deletion requirements whether or not an export was already downloaded. We may retain only information justified by the retention rules, mandatory law or a scoped reviewed hold. Termination does not cancel confidentiality, accrued payment and correction obligations, applicable indemnities, dispute provisions, or any obligation that by its nature must survive.

14. Third-party claims and indemnities

You will defend and indemnify OBSEDIA against a third-party claim and resulting reasonable, legally recoverable costs or amounts finally awarded or approved in settlement, to the extent caused by your unlawful instructions, marketing without required permission, infringement by Merchant Content you supplied, or material misuse of the Service in breach of this agreement. This does not cover a claim caused by our own breach, unlawful processing, negligence or unauthorised alteration; responsibility is apportioned where both parties contributed.

We will defend and indemnify you on the same procedural basis against a third-party claim that the Service software we provide, as supplied and used in accordance with this agreement, infringes that party's intellectual-property rights. This does not cover your material, unapproved modifications, an avoidable combination with other items, use outside the agreement, or third-party material for which you were separately responsible. We may lawfully obtain continued-use rights, replace or modify the affected feature without materially reducing its agreed function, or terminate that feature and reconcile unused paid amounts under Section 8.

The protected party must give prompt notice, reasonable assistance at the defending party's reasonable expense, and appropriate control of the defence, subject to conflict and mandatory-law safeguards. Late notice reduces protection only to the extent it materially prejudices the defence. No settlement may admit fault, impose a non-monetary obligation or fail to release the protected party without that party's reasonable consent. Neither party may settle another person's statutory rights.

Section 15 applies to these indemnities where lawful. Fines and other regulatory liabilities may be allocated or indemnified only to the extent applicable law permits; this clause does not contract away a party's duties to a regulator or an individual's compensation rights.

15. Liability

Subject to the exclusions below and to applicable law, each party's aggregate liability arising out of or in connection with this agreement is limited to the total fees paid or payable by the Merchant to OBSEDIA for the Service in the 12 months immediately preceding the first event giving rise to the claim. Related events are treated as one series for this purpose; this does not limit an independent non-waivable claim.

To the extent lawful, neither party is liable for indirect or consequential loss, including indirect loss of anticipated profits, sales, savings, opportunity or goodwill. A loss is not excluded merely because personal data is involved; direct restoration or response costs caused by a party's breach remain subject to the applicable liability rules.

No exclusion or cap in this agreement applies to fraud, wilful misconduct, gross negligence, death or personal injury where exclusion is prohibited, liability that cannot lawfully be limited, or an obligation to pay undisputed fees properly due. Nothing limits a data subject's rights to compensation under Article 82 GDPR, mandatory contribution rights under that Article, a regulator's powers, or rights under binding international-transfer clauses. Refunds and return of amounts that are not properly ours to retain are not eliminated by a damages cap.

A party must take reasonable steps to mitigate its loss. It cannot recover twice for the same loss. These provisions do not excuse essential data-protection duties or turn a reasonable-care obligation into permission to act unlawfully.

16. Changes to the Service and these Terms

We may maintain, improve or change the Service, including replacing a feature or supported provider, while complying with accepted commitments and the DPA. Material changes to contracted functionality will be communicated reasonably in advance where practicable. If an adverse material change removes an essential paid function without a reasonable alternative, you may terminate the affected service and request the corresponding reconciliation under Section 8.

For a material amendment to these Terms, we will provide the revised text and ordinarily at least 30 days' notice before it applies to an existing Merchant. We will obtain renewed express acceptance where law or the nature of the change requires it. A shorter notice may be necessary for a legal requirement or urgent safety measure, but does not permit retroactive charges or waiver of mandatory rights. Subprocessor changes follow the DPA's separate process.

If you do not accept a material amendment, you may stop new affected use and terminate before it takes effect, with existing lawful obligations and the applicable credit/data-return rules preserved. Mere continued use does not replace a legally required express written acceptance.

17. Notices, unavoidable events and support

Send contractual and service questions to support@obsedia.ai and personal-data matters to privacy@obsedia.ai. We may send relevant notices to your designated merchant contact or through a conspicuous authenticated application notice. Keep that contact current. Formal legal service follows applicable procedural law; an ordinary support channel does not change it.

Neither party is responsible for a delay caused by an event beyond its reasonable control to the extent it could not reasonably prevent or mitigate the effect. The affected party must notify the other where practicable and take reasonable recovery steps. This does not excuse payment already properly due, mandatory privacy/security obligations, or reasonable continuity measures required by the agreement. An extended inability to provide the paid Service is addressed under termination and credit-reconciliation provisions.

Support does not include permission for us to make an unapproved purchase, send a campaign, activate a discount or enable an automation on your behalf. Those actions require a valid instruction within the appropriate authority.

18. Governing law and disputes

Romanian law governs this business agreement, excluding conflict rules that would choose another law, subject to any mandatory law that must apply. The competent courts of Bucharest, Romania have jurisdiction over contractual business disputes to the extent a valid jurisdiction agreement may be made. The parties should first attempt in good faith to resolve a notified dispute through their authorised contacts, without delaying urgent relief or a mandatory legal deadline.

This clause does not restrict an individual's right to complain to a competent supervisory authority, rights under applicable international-transfer clauses, compulsory jurisdiction, or any other non-waivable remedy. It does not require a data subject to litigate only in Bucharest.

19. General provisions

Neither party may assign this agreement in a way that evades its obligations. An assignment to a business successor may take place with notice if the successor assumes the obligations and the change does not reduce required data protection or remove a Merchant's mandatory rights. A change in subprocessors still follows the DPA.

No failure or delay to enforce a provision is a waiver. If a provision is unenforceable, the remaining agreement continues to the extent it can lawfully operate, and the parties will seek a lawful provision closest to the legitimate purpose rather than expand an invalid restriction. Mandatory rights take priority. No person obtains contractual enforcement rights merely by receiving an email, except for rights expressly given by the DPA, applicable transfer clauses or law.

This agreement covers the Service relationship and supersedes conflicting prior statements on that subject, while preserving a specific valid written undertaking, accrued rights and legally required pre-contractual information. A change or waiver must be made by someone with authority and in a form required by law. English is the governing contract language unless a mandatory rule or an expressly accepted written agreement provides otherwise.

20. Express acceptance of certain standard terms

Your attention is drawn specifically to Section 3's service limitations; Sections 8 and 11's qualification of refunds and warranties; Sections 12 and 13's suspension and termination rights; Sections 14 and 15's indemnities and liability rules; Section 16's amendment process; Section 18's choice of law and jurisdiction; and Section 19's assignment provisions.

Where Romanian Civil Code Article 1203 or another applicable rule requires express written acceptance of a standard clause, the relevant clause binds the Merchant only when that requirement is satisfied through a valid express written or electronic acceptance. A general reference to these Terms, silence, or a website visit alone is not treated as satisfying an additional acceptance requirement. The acceptance record must identify the accepted version and the authorised Merchant representative. No acceptance can validate a restriction prohibited by mandatory law.