Terms of service

These terms govern the use of DIGO Email. The service is provided by Studio 09 S.r.l., with registered office at Via Pietro Borgognoni 15, 51100 Pistoia (PT), partita IVA (Italian VAT number) 01710080472, email info@digo.email (‘Studio 09’ or ‘we’).

1. Service and intended users

DIGO Email is an online email marketing platform. It makes it possible to manage contacts, lists, tags and custom fields; create and send campaigns, including with A/B tests and resending to those who did not open; set up automations; publish sign-up forms; view statistics and share reports; connect shops and websites through plugins and APIs; and use the service from the smartphone app. Campaign and automation emails are sent through the sending service of Amazon Web Services (the ‘sending provider’).

The service is open to businesses, professionals and organisations (‘business customers’) and to natural persons using it for purposes outside their trade, business or profession (‘consumers’), in Italy and in other countries. The ‘Customer’ is the person or organisation holding the account: when purchasing as a business, it is the business, professional or organisation stated in the billing details. Anyone who registers or makes purchases on behalf of an organisation declares that they have the authority to bind it. Anyone who accesses the account acts on behalf of the Customer, who is answerable for them.

Consumers shall in any event enjoy the protections of the Italian Consumer Code (Codice del Consumo, Legislative Decree No 206/2005, ‘D.Lgs. 206/2005’) and, for those residing in another country, the mandatory rules of that country: any clauses of these terms that would limit those protections shall not apply to them.

Features may change over time. If we remove or significantly reduce an essential feature, we will give notice as provided in Article 14.

2. Conclusion of the contract and account

The contract is concluded when the Customer completes registration, after accepting these terms and the data processing agreement and approving, by means of a separate checkbox, the articles listed in Article 17. Each purchase is concluded upon payment. Before each purchase the dashboard shows the order summary, with the final price and the billing details; purchases made remain listed on the Credits and contacts page. The contract is concluded in Italian. The English, Spanish, French and German versions of these terms and of the other legal documents are courtesy translations: in the event of any difference the Italian text prevails, without prejudice to mandatory consumer-protection rules. These terms can be saved and printed from this page. We record the date and the version accepted and, on request, send the text of previous versions.

The Customer shall provide true and complete data and keep them up to date: first name, surname and email address upon registration, the sender’s name and postal address in Settings, and billing details before the first purchase (Article 9). After the email address has been confirmed, the account remains under review: work can be prepared, but nothing can be sent. In order to protect the deliverability of everyone’s emails, we may request information about the Customer’s activities and the source of its contacts. If we decide not to activate the account, we will notify the Customer: this constitutes termination by us (Article 13).

With business customers, the parties derogate, to the extent permitted, from the obligations under Articles 12 and 13 of D.Lgs. 70/2003 concerning information prior to the order and acknowledgement of receipt of the order. For consumers, this information is set out in these terms and in the summary preceding each purchase; after payment we send confirmation of the purchase by email, together with the information on the right of withdrawal.

3. Account security and app

Credentials are personal. The Customer shall keep them confidential, use strong passwords and is responsible for the activities carried out with its credentials, unless unauthorised access is attributable to us. We recommend enabling two-step verification in Settings and keeping the recovery codes safe.

The keys for connected shops and websites are shown only once: the Customer shall keep them safe and regenerate them if it fears they have been exposed. The smartphone app accesses the Customer’s account and may send notifications to its devices.

If the Customer suspects unauthorised access or loses a connected device, it shall immediately change the password, which closes that user’s other sessions and disconnects the app from their phones, and notify us at info@digo.email. If a user loses access to two-step verification, we will disable it only after verifying that user’s identity.

4. Sending domains and technical limits

Emails may be sent only from domains belonging to the Customer, or to third parties who have authorised it. The domain must be verified by publishing in the DNS the records shown in the dashboard, including the DMARC record: without it, no emails can be sent. Domains of free email services or of PEC services (posta elettronica certificata, Italian certified email), reserved domains and domains already connected to another account cannot be used. A domain not verified within 3 days may be connected by another account.

We re-check the DNS records every day. If they are no longer correct, sending from that domain stops until they are restored. The number of domains that can be connected is shown in the dashboard; while the account is under review, only one can be connected.

For reasons of stability and security, the service has technical limits, for example on API requests per minute, on confirmation emails per day and on the size of files and imports. When a limit is reached, the dashboard or the APIs indicate this. On request, we will state the values currently in force.

5. Permitted use and obligations of the Customer

The Customer is responsible for the contacts it uploads and the emails it sends. In particular, the Customer:

• sends promotional emails only to persons who have given free, specific, informed and documentable consent or, for its own customers who provided their address when making a purchase, within the limits of Article 130(4) of the Italian Personal Data Protection Code (Codice Privacy) (products or services similar to those purchased, with the possibility of objecting at any time);
• does not use addresses that have been purchased, rented, exchanged or harvested from the web;
• makes emails recognisable as commercial communications, with an identifiable sender, a non-misleading subject line and clear conditions for promotions (Article 8 of D.Lgs. 70/2003);
• does not send or publish unlawful, misleading or offensive content, phishing, malware, or content that infringes third-party rights or is prohibited by the sending provider’s acceptable use policy;
• does not enter in the contact fields any data concerning health or other special categories of data, or data relating to criminal convictions and offences (Articles 9 and 10 GDPR);
• states in Settings the web address of its own privacy notice: without it, DIGO Email sign-up forms do not accept sign-ups;
• informs contacts of the tracking of opens, clicks and sales and obtains the necessary consents (Articles 122 and 130 of the Codice Privacy); tracking can be disabled in Settings;
• does not circumvent unsubscribes, exclusions, limits or suspensions, for example by re-importing unsubscribed contacts or opening other accounts;
• at our request, shows proof of consent and the source of the contacts.

If the Customer uses the service on behalf of third parties, for example as an agency, it warrants that it holds their mandate and instructions and is answerable for their compliance with these terms. In that case, with regard to contact data, the Customer is the processor and Studio 09 is a sub-processor, under the terms of the data processing agreement.

6. What the service adds to emails

The service adds to emails:

• a footer with the sender’s name and postal address and a link to unsubscribe; in all styles except the minimal one, also the reason why the contact is receiving the email;
• the List-Unsubscribe header, through which email programs offer one-click unsubscribe;
• if tracking is enabled, an invisible image that detects opens, and links that pass through our servers in order to count clicks; to links to connected websites (Article 7) we also add a code that links orders to the campaign;
• UTM parameters on links, if the Customer chooses them for the campaign;
• the wording “Sent with DIGO Email” for accounts without paid purchases: it disappears after the first purchase and reappears if all purchases are refunded or disputed.

The Customer may choose the footer style, but may not remove or hide these elements.

7. Integrations, APIs and plugins

The Customer may connect shops and websites, for example with the plugin for WordPress and WooCommerce or with digo.sale, and use the APIs. Each connection has its own key (Article 3). The APIs have limits on the number of requests (Article 4).

The plugin is free software licensed under the GPL. The Customer installs it on its own website, keeps it updated to the latest version and checks its compatibility with the other components. Contacts, orders and carts received from shops are processed on behalf of the Customer, like the other contact data.

In order to attribute sales to campaigns, on WordPress websites the plugin stores the click code in the digo_c cookie for 7 days. It is a marketing cookie: the plugin stores and reads it only if the visitor accepts marketing cookies in a compatible banner. Compatible banners are listed on the Integrations page of the dashboard and in the plugin settings. Without a compatible banner the cookie remains disabled and sales are not attributed. The Customer:

• uses a compatible banner that asks visitors for consent to marketing cookies;
• lists the digo_c cookie in its own cookie policy: first-party cookie, marketing category, duration 7 days, used to attribute sales to email campaigns;
• does not modify the plugin so as to store the cookie without consent.

8. Content and intellectual property

Texts, images, lists, templates and other content uploaded or created by the Customer remain its property. The Customer grants us a royalty-free, non-exclusive licence, limited to what is necessary to provide the service and to the term of the contract: to store, process and send such content and make it accessible online where necessary. The Customer warrants that it holds the rights to what it uploads.

Uploaded images have a public address, so that they can be displayed in emails. Shared reports are visible to anyone who has the link, until the Customer revokes the sharing.

The platform, the editor, the default templates, the app, the documentation and the DIGO Email and Studio 09 trade marks remain the property of Studio 09; the plugin is governed by its GPL licence. The Customer shall not copy, resell or decompile the service, except as permitted by law.

9. Credits, contacts, prices, payments and invoices

Credits. The service has no subscription fees. Each email accepted by the sending provider uses one credit, even if it subsequently bounces; resending to those who did not open uses credits in the same way as a new send. Test emails, subscription confirmation emails and service notifications do not use credits. A campaign starts only if there are enough credits for all recipients; if credits run out during sending, the campaign is paused, and automations wait.

Free allowances. Each month the account receives the free credits shown in the dashboard, which are valid until the end of the month and do not accumulate. Each account includes the number of active contacts shown in the dashboard. Subscribed contacts and those who have not yet confirmed their subscription count as active. Once the limit is reached, contacts cannot be added manually or by import; people who sign up through forms or connected websites are nevertheless saved up to twice the limit, beyond which new sign-ups are rejected. If the limit is exceeded, campaigns and automations do not send until the Customer purchases more contacts or removes some. We send email notices at 80%, at 100% and when the limit is exceeded. We may reduce free credits and contacts as provided in Article 14, with 30 days’ notice; reductions do not affect what has already been purchased.

Purchases and expiry. Additional credits and contacts are purchased in packs from the web dashboard, with advance payment via Stripe; we do not store card details. Packs do not renew automatically. They are valid for the period stated at the time of purchase (currently 12 months) and then expire, even if unused. Credits are used starting with those that expire first. We send email notices 15 days and 3 days before expiry and on the day after expiry, both for purchased or gifted credits not yet used and for contact packs. On the Credits and contacts page the Customer can see, month by month, the credits received, those used by each campaign and automation, and those that have expired.

Prices and VAT. Prices are those shown in the dashboard at the time of purchase, in euros. They are final prices, the same for everyone: they include Italian VAT at the statutory rate (currently 22%) where due, that is, for customers in Italy and for consumers in the European Union. For businesses in other European Union countries with a VAT number the reverse charge applies, and for customers outside the European Union the transaction is not subject to Italian VAT: in these cases the amount remains the same, without VAT. We may change pack prices at any time: new prices apply only to subsequent purchases.

Billing details and invoices. Before the first purchase, the Customer enters its billing details on the Credits and contacts page, as a private individual or as a business: first name and surname or company name, country and address and, where required, codice fiscale (Italian tax code) and VAT number. The Customer is responsible for their accuracy, including the validity of the VAT number giving entitlement to the reverse charge. For each purchase we issue an invoice made out to these details. Customers in Italy receive it through the Sistema di Interscambio (SdI, the Italian electronic invoicing exchange system): at the codice destinatario (recipient code) or PEC address provided or, failing that, in the Customer’s reserved area on the website of the Agenzia delle Entrate (Italian Revenue Agency). Customers abroad receive it by email. The data requested by Stripe during payment are used solely for the payment. The Stripe receipt is not an invoice.

Consumers’ right of withdrawal. Consumers may withdraw from any purchase within 14 days of payment, without giving any reason, by writing to info@digo.email, including by using the model withdrawal form below. At the time of purchase the consumer expressly requests to be able to use credits and contacts immediately: if the consumer withdraws, we will refund, within 14 days of the request, the part not yet used, namely the unused credits and, for contact packs, the portion of the period not yet elapsed, using the same means of payment as was used for the purchase (Articles 52, 56 and 57 of the Italian Consumer Code).

Refunds and payment disputes. Apart from the consumers’ right of withdrawal, payments are non-refundable, including where credits or packs expire or the Customer closes the account. Free or gifted credits are never refundable. Exceptions apply in the case of legal obligations, a breach on our part, closure decided by us without any breach by the Customer (Article 13), termination following amendments (Article 14) and termination following an objection to a new sub-processor as provided for in the data processing agreement: in these cases we refund the unused purchased credits and, in proportion to the remaining months, the contact packs. A refund, even a partial one, cancels a proportional share of what was purchased. If the Customer disputes a payment with its bank, we remove the credits and contacts of that purchase; if the dispute is resolved in our favour, we restore them with the original expiry date.

10. Reporting, suspension and review

We may suspend sending and the account, including without notice:

• automatically, when, in the emails of the last 30 days, non-existent addresses or spam complaints exceed the thresholds shown on the main page of the dashboard;
• for breaches of Article 5, unlawful content reported or detected, security risks or false registration data;
• at the request of an authority or of the sending provider.

Upon suspension, sending stops within a few seconds, ongoing or scheduled campaigns are stopped and do not restart automatically, automations do not send and forms do not accept sign-ups. The dashboard remains accessible, including for exporting data. We immediately inform the Customer by email of the reason and of how to request a review. In automatic suspensions, the reason states the figure that exceeded the threshold. The review is carried out by a person: it is sufficient to reply to the email or write to info@digo.email. Once the problem is resolved we reactivate the account, and the threshold calculation starts again from the reactivation.

Anyone may report to us unlawful content hosted by the service, such as images, forms, shared reports or emails, by writing to info@digo.email. The report shall state where the content is located (for example the link), why it is unlawful and who is making the report, together with a statement that the information provided is accurate. We acknowledge receipt, examine reports diligently and inform the person making the report of the decision and of the available means of redress. If we remove content or restrict the account, we provide the Customer with a statement of reasons and indicate the available means of redress, including recourse to the courts (Articles 16 and 17 of Regulation (EU) 2022/2065).

11. Data protection

For contact data and data received from connected shops, the Customer is the controller and Studio 09 is the processor, in accordance with the data processing agreement. The agreement forms part of these terms and, as regards data protection, prevails in the event of conflict.

For the data of account users, billing and support, Studio 09 is the controller, as described in the privacy notice.

On all DIGO Email web pages, including the dashboard, the login pages and the public pages seen by contacts (sign-up forms, confirmation and unsubscribe pages, outcome messages and shared reports), we use Google Tag Manager, Google Analytics 4 and other Google measurement tags to measure page usage, with the cookie banner managed through Consentio. For these data Studio 09 is an independent controller, as described in the cookie policy: this is not processing carried out on behalf of the Customer.

12. Liability and indemnity

We provide the service with the required professional diligence. We do not guarantee that it will always be available or error-free, or that emails will reach the inbox: this also depends on the recipients’ email providers and on the content.

Except in cases of wilful misconduct or gross negligence, and except where the law does not permit limitations (Article 1229 c.c., Italian Civil Code):

• we are liable only for direct damage, excluding loss of profit and loss of opportunity or goodwill;
• our total liability shall not exceed the amount paid to us by the Customer, excluding VAT, in the 12 months preceding the event, subject to a minimum of EUR 100;
• we are not liable for interruptions or blocks due to maintenance, to the technical limits referred to in Article 4, to failures of third-party providers (sending, hosting, payments, networks) or to the suspension of the entire platform by the sending provider;
• we are not liable for the operation of the plugin and the integrations in combination with third-party software chosen by the Customer;
• we are not liable for any loss of data that the Customer could have avoided by exporting them: the Customer keeps its own copies of contacts and content.

These limitations apply to business customers. With regard to consumers, any liability that the law does not allow to be limited and the rights provided for by the Italian Consumer Code remain unaffected, including the legal guarantee of conformity of digital services (Articles 135-octies et seq.). The rights of data subjects under Article 82 GDPR remain unaffected in any event.

The Customer shall indemnify and hold Studio 09 harmless against third-party claims, damages and costs, including reasonable legal fees, caused by contacts, content, sending or uses contrary to Article 5 or to the law, including where it uses the service on behalf of third parties. We will notify the Customer of any claims received and allow it to take part in the defence.

13. Term, termination, closure and export

The contract is concluded for an indefinite term.

Termination by the Customer. The Customer may terminate the contract at any time, without notice, by closing the account from Settings in the dashboard or from the app. Closure immediately stops access and sending, cancels scheduled campaigns, disconnects the app and starts the deletion of the data, which is normally completed within a few minutes, as described in the data processing agreement. We retain only the data that the law requires us to keep, such as invoice data. Unused credits and packs are forfeited, except for the refunds under Article 9.

Export and switching to another provider. The Customer may at any time export from the Contacts section a CSV file containing contacts, fields, lists, tags, status, source, totals of sends, opens and clicks, and proof of consent. We provide the Customer’s other data held in the service on request sent to info@digo.email, within 30 days: campaigns and templates, images, automations, sending statistics, and products and orders received from shops. We use commonly used formats (CSV, JSON, HTML and the image files) and, where necessary, cooperate with the new provider indicated by the Customer. Data on the internal operation of the service, such as code, configurations and technical logs, are excluded. Export and switching to another provider are free of charge.

The request must be sent before the account is closed. The service has no subscription fees, so the Customer can keep the account open until it has retrieved the data. After closure the data are deleted and we can no longer provide them.

Termination by us, on notice or for breach. We may terminate the contract by giving 60 days’ notice by email. If we decide not to activate an account under review (Article 2), termination takes effect upon notification. We may terminate the contract with immediate effect, pursuant to Article 1456 c.c., for serious or repeated breaches of Article 5, unlawful content, fraud, false registration data or unfounded payment disputes, or if an authority or the sending provider prevents us from serving the Customer. We may also close accounts that have never been activated or that have been suspended for more than 90 days, after giving notice by email. In all these cases the Customer has 30 days from the notice to export the data from the dashboard or request them from us, unless prohibited by law or by the authorities; in the meantime sending may remain suspended. We then close the account and delete the data. If we terminate the contract without any breach by the Customer, we refund as provided in Article 9.

14. Amendments

We may amend these terms, the free allowances and the features for justified reasons: changes in the law or in the rules of our providers, security, development of the service, costs. We give at least 30 days’ notice, by email and in the dashboard, stating what changes and from when. Amendments required by law or urgently needed for security reasons may take effect earlier, if necessary. Pack prices are governed by Article 9.

Amendments do not change the price and validity of purchases already made. Anyone who does not accept them may terminate the contract before the date indicated by closing the account, after requesting the refund provided for in Article 9 by writing to info@digo.email. Anyone who continues to use the service after that date accepts them. Amendments to the articles listed in Article 17 apply to the Customer only once it has specifically approved them: we will ask for this approval before they apply.

15. Communications and contacts

We write to the email address of the account users and display notices in the dashboard. The Customer keeps its address up to date. To write to us:

• support, administration and review of suspensions: info@digo.email;
• data protection: privacy@digo.email;
• reports of abuse and unlawful content: info@digo.email, which is also the single point of contact provided for in Articles 11 and 12 of Regulation (EU) 2022/2065 for authorities and for recipients of the service, in Italian and in English.

16. Governing law and competent court

These terms are governed by Italian law. Consumers residing in another country retain the protections afforded to them by the mandatory rules of that country.

For any dispute with business customers relating to the contract, the court of Pistoia shall have exclusive jurisdiction. For disputes with consumers, the competent court is the court of the place where the consumer resides or is domiciled, if located in Italy (Article 66-bis of the Italian Consumer Code); for consumers residing in another European Union country, the rules of Regulation (EU) No 1215/2012 apply.

17. Specific approval

Pursuant to Articles 1341 and 1342 c.c., the Customer specifically approves the following articles by means of a separate checkbox, upon registration or, after any amendment to them, in the dashboard:

• Article 9 (Credits, contacts, prices, payments and invoices), regarding the expiry of credits and contact packs, refunds only in the cases provided for, and the removal of credits and contacts if the payment is disputed;
• Article 10 (Reporting, suspension and review), regarding the suspension of sending and of the account, including without notice;
• Article 12 (Liability and indemnity), regarding the limitation of Studio 09’s liability and the indemnity;
• Article 13 (Term, termination, closure and export), regarding termination on notice, termination for breach and closure of accounts by Studio 09, including non-activation;
• Article 14 (Amendments), regarding unilateral amendments to terms, free allowances and features;
• Article 16 (Governing law and competent court), regarding the exclusive jurisdiction of the court of Pistoia in disputes with business customers.

For consumers, these clauses apply only to the extent permitted by the Italian Consumer Code.

Version in force from 5 October 2026.