GlowBox - Outbound Email Made Simple

1. Identification of the Service Provider

GlowBox is an application and technological platform owned by Contollo Consulting, LLC, a limited liability company duly organized and validly existing under the laws of the State of Texas, United States of America, with its legal domicile in said State (hereinafter, the “Provider”).

GlowBox constitutes a registered patent held by Contollo Consulting, LLC, which retains exclusive ownership of all intellectual, industrial, and technological property rights associated with the application, its infrastructure, architecture, functionalities, and related developments.

For the purposes of these Terms and Conditions, any reference to “GlowBox,” the “Platform,” or the “Service” shall be understood as referring to the system operated by Contollo Consulting, LLC.

The use of the Platform establishes a direct contractual relationship between the User and Contollo Consulting, LLC, in its capacity as service provider.

2. Acceptance of the Terms and Conditions

Access to, registration with, creation of an account on, continued use of, or use of any functionality of GlowBox constitutes the express, free, informed, and unequivocal acceptance of these Terms and Conditions by the User.

By using the Platform, the User represents and warrants that:

a) The User has read and fully understands these Terms and Conditions
b) The User has the legal capacity required to enter into a binding contractual relationship
c) The User acts on their own behalf or has sufficient authority to bind the individual or legal entity they represent

Acceptance of these Terms and Conditions is perfected through electronic means, including, without limitation, account registration, actual use of the Service, or express acceptance through buttons, checkboxes, onboarding flows, or any other digital acceptance mechanism enabled by GlowBox.

Such electronic acceptance shall have full legal effect and shall be deemed equivalent to a handwritten signature in accordance with applicable law.

If the User does not agree to these Terms and Conditions, the User must refrain from accessing or using the Platform.

3. Description of the Service

GlowBox is a technological infrastructure platform for the delivery of email communications, designed to operate as an intermediate delivery layer between the User’s external systems (including, without limitation, CRMs, email marketing tools, automation platforms, or proprietary systems) and the email service providers used for sending and receiving messages.

The Service allows the User, among other functionalities, to:

a) Ingest electronic messages into the Platform through authorized technical mechanisms, including SMTP or other compatible methods.
b) Process messages through queuing, routing, and flow-control systems.
c) Distribute outbound email traffic using one or more sender mailboxes associated with sending pools configured by the User.
d) Apply technical security controls, volume limits, time-based restrictions, pauses, and operational rules.
e) Monitor operational statuses, processing results, and events associated with message delivery.
f) Use complementary tools for visibility, warmup, diagnostics, and operational support, where enabled.

GlowBox is not a content creation platform, nor does it determine the recipients, content, purpose, legal basis, or legitimacy of the information processed or transmitted through the Platform. All decisions related to such elements correspond solely and exclusively to the User.

The User expressly acknowledges and agrees that all information, data, content, email addresses, recipient lists, messages, and any other material that is entered, uploaded, processed, or transmitted through GlowBox:

a) Is provided under the User’s sole responsibility.
b) Belongs to the User or the User has obtained all necessary rights, authorizations, and legal bases for its use.
c) Complies with applicable laws, including regulations on data protection, electronic communications, and anti-spam requirements.

GlowBox acts solely as a technological infrastructure provider, without assuming any control over, verification of, or responsibility for the information processed through the Service, and shall not be liable for the accuracy, legality, legitimacy, origin, use, or destination of such information.

The User further acknowledges that the final delivery of messages depends, among other factors, on elements beyond the Provider’s control, including third-party email service providers, anti-spam policies, domain configurations, sending reputation, and recipient behavior.

Accordingly, GlowBox does not guarantee any specific results regarding deliverability, open rates, reads, engagement, inbox placement, or uninterrupted availability of the Service.

4. Nature of the Service and Role of GlowBox

GlowBox is a technological infrastructure platform that provides email processing, routing, and technical delivery services, acting exclusively as a technical intermediary between the User’s systems and external email service providers.

Under no circumstances shall GlowBox be deemed to act as:

a) The sender of the messages transmitted by the User.
b) The creator, generator, editor, or curator of message content.
c) The party responsible for determining the recipients or the purpose of the communications.
d) The controller of the personal data contained in the messages.
e) An agent, representative, mandatary, partner, or joint venturer of the User.

The User acknowledges and agrees that GlowBox does not control, supervise, audit, verify, or validate the content, information, personal data, recipient lists, or legal basis used for sending messages through the Platform.

With respect to the technical processing of information, GlowBox acts solely in its capacity as a technology service provider, processing data in a limited manner and strictly as necessary to perform the Service, in accordance with the User’s instructions and the configurations enabled within the Platform.

The provision of the Service may involve interaction with third-party providers outside GlowBox’s control, including, without limitation, email service providers, authentication services, cloud infrastructure, and monitoring systems. GlowBox does not guarantee the performance, availability, internal policies, or decisions of such third parties.

The User agrees that any blocking, filtering, delay, suspension, rejection, or classification of messages (including placement in spam folders) carried out by third-party providers or recipients shall not constitute a breach of these Terms and Conditions by GlowBox.

Nothing in these Terms and Conditions shall be construed as creating an employment relationship, partnership, agency, representation, or joint venture between GlowBox and the User.

5. User Obligations

The User agrees to use GlowBox in accordance with these Terms and Conditions, applicable law, and the technical and operational policies of the Platform.

Without limiting the foregoing, the User expressly agrees to:

a) Use the Platform solely for lawful and legitimate purposes.
b) Ensure that all information, data, content, messages, and recipient lists used through GlowBox are owned by the User or that the User holds all necessary rights, authorizations, and legal bases for their use.
c) Obtain and retain valid, informed, and verifiable consent from recipients, where required by applicable law.
d) Comply with all applicable laws, regulations, and rules relating to electronic communications, data protection, privacy, anti-spam, and digital marketing, including those applicable in the User’s jurisdiction and in the jurisdictions of message recipients.
e) Provide truthful, accurate, complete, and up-to-date information during registration and use of the Platform.
f) Properly configure and use GlowBox’s features, including sending pools, limits, pauses, sender mailboxes, and delivery parameters.
g) Respect the technical limits, security controls, and governance measures implemented by GlowBox.
h) Refrain from attempting to circumvent, manipulate, or disable the Platform’s technical controls, sending limits, or security mechanisms.
i) Promptly respond to notices, warnings, or information requests issued by GlowBox in connection with the use of the Service.

The User expressly acknowledges and agrees that the User is the sole party responsible for:

The content of the messages sent through the Platform.

The legality and legitimacy of contacting message recipients.

Any legal, regulatory, or reputational consequences arising from the use of the Service.

Any use of GlowBox in violation of these Terms and Conditions or applicable law shall entitle GlowBox to suspend or terminate access to the Service, without prejudice to any other legal remedies available.

6. Prohibited Uses

The User agrees not to use GlowBox, directly or indirectly, for any activity that is illegal, fraudulent, abusive, or that violates these Terms and Conditions, applicable law, or the policies of third-party providers involved in the provision of the Service.

Without limitation, the following uses are strictly prohibited:

a) Sending unsolicited messages, spam, unauthorized bulk communications, or any form of messaging that lacks a valid legal basis or the required recipient consent.
b) Using the Platform for fraudulent, deceptive, or unlawful activities, including phishing, identity impersonation, scams, or similar practices.
c) Transmitting, distributing, or processing content that is illegal, defamatory, obscene, violent, discriminatory, threatening, or that infringes the rights of third parties.
d) Using misleading headers, false sender information, unauthorized domains, or any mechanism intended to conceal or misrepresent the identity of the sender.
e) Sending malware, viruses, malicious code, harmful files, or links designed to compromise the security of systems or users.
f) Attempting to circumvent, manipulate, disable, or interfere with the technical limits, security controls, pauses, governance mechanisms, or monitoring systems implemented by GlowBox.
g) Engaging in practices intended to degrade the sending reputation of domains, IP addresses, pools, or other shared resources.
h) Using GlowBox in violation of the terms, conditions, or policies of third-party email, authentication, or infrastructure providers.
i) Reselling, sublicensing, commercially exploiting, or allowing unauthorized third parties to use the Platform, unless expressly authorized in writing by GlowBox.
j) Accessing, attempting to access, or interfering with the accounts, data, configurations, or resources of other users without authorization.

GlowBox reserves the right to monitor use of the Service for operational, security, and compliance purposes and may immediately suspend, restrict, or terminate the User’s access upon detecting or reasonably suspecting any prohibited use, without prior notice.

The application of corrective or restrictive measures by GlowBox shall not give rise to any right to compensation, reimbursement, or indemnification in favor of the User.

7. Treatment of User Information and Data

For the provision of the Service, GlowBox may process information and data provided, uploaded, or transmitted by the User through the Platform, including registration data, technical information, messages, email addresses, and other data associated with the use of the Service.

The User acknowledges and agrees that all information and data processed through GlowBox are provided under the User’s sole and exclusive responsibility, and represents and warrants that the User holds all necessary rights, authorizations, and legal bases for their processing, use, and transmission through the Platform.

GlowBox does not determine the purposes or means of the processing of personal data contained in the messages sent by the User and acts solely as a technology service provider, processing such data in a limited manner and strictly as necessary to perform the Service, in accordance with the User’s instructions and the configurations enabled within the Platform.

Under no circumstances shall GlowBox be considered the data controller of the personal data contained in the messages sent by the User. The User shall be the sole data controller and shall bear exclusive responsibility before data subjects and competent authorities.

GlowBox may process technical, operational, and usage-related information for the following purposes:

a) Provision, maintenance, and improvement of the Service.
b) Security, monitoring, fraud prevention, and enforcement of these Terms and Conditions.
c) Handling requests, incidents, and customer support.

The processing of personal data by GlowBox shall be governed by its Privacy Policy, which forms an integral part of these Terms and Conditions and is available through the Platform. Continued use of the Service constitutes acceptance of such Privacy Policy.

The User agrees to indemnify and hold GlowBox harmless from any claim, complaint, proceeding, sanction, or liability arising from the processing of personal data carried out through the Platform, including those related to lack of consent, improper use of information, or regulatory non-compliance.

8. Messaging, Consent, and Regulatory Compliance

The User acknowledges and agrees that the use of GlowBox to send electronic messages requires strict compliance with all applicable laws and regulations governing electronic communications, data protection, privacy, and the prevention of unsolicited messages, both in the User’s jurisdiction and in the jurisdictions of message recipients.

The User represents and warrants that:

a) The User has a valid legal basis to contact each recipient of the messages sent through the Platform.
b) Where legally required, the User has obtained prior, express, informed, and verifiable consent from message recipients.
c) Messages sent through GlowBox clearly and truthfully identify the sender and do not use misleading headers, subject lines, or information.
d) Messages include clear, conspicuous, and functional subscription and unsubscribe mechanisms, allowing recipients to opt out of receiving future communications easily, free of charge, and effectively, in compliance with the CAN-SPAM Act and other applicable laws.
e) Unsubscribe or opt-out requests submitted by recipients are honored promptly and in no event later than the maximum timeframes established by applicable law.
f) No messages are sent to recipients who have exercised their right to unsubscribe, opt out, or object to further communications.

GlowBox does not create, manage, or control subscription or unsubscribe mechanisms for messages sent by the User, except where such mechanisms are expressly provided as part of functionalities enabled within the Platform. In all cases, the User shall remain the sole party responsible for their proper implementation and operation.

GlowBox does not verify, audit, or validate recipient consent or the User’s compliance with legal obligations relating to subscription or unsubscribe mechanisms and assumes no liability for their absence, malfunction, or non-compliance.

The User acknowledges that GlowBox may implement technical controls, sending limits, pauses, blocks, or operational restrictions in order to protect the stability of the Platform, sending reputation, and compliance with third-party provider policies. The application of such measures shall not constitute a breach of these Terms and Conditions.

Any sanction, claim, fine, blocking, or legal consequence arising from the sending of messages, the lack of proper subscription or unsubscribe mechanisms, or non-compliance with applicable law shall be the sole and exclusive responsibility of the User, who agrees to indemnify and hold GlowBox harmless from any related claim, action, or proceeding.

9. Suspension and Termination of the Service

GlowBox reserves the right to suspend, restrict, or terminate, on a temporary or permanent basis, the User’s access to the Platform and any of its functionalities, at any time, upon the occurrence of any of the following circumstances:

a) Breach of these Terms and Conditions.
b) Prohibited or improper use of the Platform.
c) The existence of legal, regulatory, reputational, operational, or security risks associated with the use of the Service.
d) Receipt of complaints, claims, notices, or requests from third-party providers, competent authorities, or message recipients.
e) A legal, judicial, or administrative requirement.
f) Activities that may affect the stability, integrity, or reputation of the Platform, other users, or third parties.

Suspension or termination may be carried out without prior notice when the urgency, risk, or nature of the breach so justifies.

The suspension or termination of the Service shall not entitle the User to any indemnification, compensation, or refund, without prejudice to any outstanding obligations that may survive in accordance with these Terms and Conditions.

In the event of termination of the Service, GlowBox may, at its discretion and in accordance with applicable law, delete, block, or disable access to the User’s information and configurations associated with the account.

The provisions of these Terms and Conditions which by their nature are intended to survive, including, without limitation, those relating to liability, limitation of liability, indemnification, intellectual property, and jurisdiction, shall remain in force after the termination of the Service.

10. Intellectual Property

GlowBox, including, without limitation, its software, source and object code, architecture, databases, interfaces, functionalities, algorithms, processes, documentation, trademarks, trade names, logos, designs, texts, and all other elements comprising the Platform, is the exclusive property of Contollo Consulting, LLC, or is used under a valid license.

GlowBox constitutes a registered patent held by Contollo Consulting, LLC, which retains full and exclusive ownership of all intellectual and industrial property rights related to the Platform, in accordance with the applicable laws of the United States of America and international treaties.

Nothing in these Terms and Conditions shall be construed as an assignment, transfer, or waiver of intellectual property rights in favor of the User. The User is granted only a limited, non-exclusive, revocable, and non-transferable license to access and use the Platform, subject to the subscribed plan, the limits, scope, and functionalities included therein, and any individual, commercial, or specific terms governing the relationship between the User and GlowBox.

The license granted:

a) Is limited to the User’s internal use and solely for the purposes contemplated under these Terms and Conditions.
b) Remains in effect only for the duration of the subscribed plan and provided that the User complies with these Terms and Conditions.
c) May be subject to restrictions relating to volume, functionality, duration, number of accounts, mailboxes, or any other parameters defined in the applicable plan.

The User agrees to:

a) Not copy, reproduce, modify, adapt, translate, decompile, reverse engineer, distribute, sell, sublicense, or otherwise exploit the Platform or any of its components, except with the prior written authorization of Contollo Consulting, LLC.
b) Not remove, alter, or conceal any copyright, trademark, or other proprietary notices contained in the Platform.
c) Not use GlowBox’s intellectual property in any manner that may cause confusion, dilution, reputational harm, or infringement of rights.

The content, information, and data entered or transmitted by the User through the Platform shall remain the property of the User. However, the User grants GlowBox a limited, technical, and temporary license to process such content solely for the purpose of providing the Service in accordance with these Terms and Conditions and the subscribed plan.

Any unauthorized use of the Platform or the intellectual property of Contollo Consulting, LLC shall constitute a material breach and shall entitle GlowBox to pursue any legal remedies available.

11. Disclaimer of Warranties

GlowBox is provided to the User “AS IS” and “AS AVAILABLE”, without warranties of any kind, whether express, implied, statutory, or otherwise.

To the maximum extent permitted by applicable law, Contollo Consulting, LLC expressly disclaims all warranties, including, without limitation, implied warranties of:

a) Merchantability.
b) Fitness for a particular purpose.
c) Non-infringement of third-party rights.
d) Accuracy, reliability, or completeness of the information processed through the Platform.
e) Technical, commercial, or deliverability-related results.

GlowBox does not warrant that:

a) The Service will be uninterrupted, timely, secure, or error-free.
b) Messages sent through the Platform will be delivered, received, opened, read, or classified in any particular manner by email service providers or recipients.
c) The Service will meet the User’s specific expectations regarding performance, metrics, reputation, or business outcomes.
d) Any defects or errors will be corrected immediately or automatically.

The User acknowledges and agrees that use of the Platform is at the User’s sole risk, and that GlowBox does not control and does not warrant the performance, availability, internal policies, or decisions of third-party providers, including email service providers, infrastructure services, authentication services, or network operators.

No information, recommendation, or advice, whether oral or written, provided by GlowBox, its personnel, or representatives shall create any warranty not expressly stated in these Terms and Conditions.

12. Limitation of Liability

To the maximum extent permitted by applicable law, Contollo Consulting, LLC, its affiliates, officers, directors, employees, agents, and service providers shall not be liable to the User or to any third party for any indirect, incidental, special, consequential, punitive, or exemplary damages, including, without limitation, loss of revenue, profits, data, reputation, business opportunities, or expected savings, even if advised of the possibility of such damages.

The total and aggregate liability of Contollo Consulting, LLC arising out of or relating to these Terms and Conditions, the use of the Platform, or the inability to use the Service, shall in no event exceed the amounts actually paid by the User to GlowBox during the twelve (12) months immediately preceding the event giving rise to the claim.

The limitations set forth in this Section shall apply regardless of the form of action, whether based on contract, tort (including negligence), strict liability, or any other legal theory.

Nothing in these Terms and Conditions shall exclude or limit GlowBox’s liability where such exclusion or limitation is not permitted under applicable law.

The User acknowledges that the fees charged by GlowBox reflect the allocation of risk set forth in these Terms and Conditions, and that without these limitations of liability, the Service would not be provided under the same commercial conditions.

13. Indemnification

The User agrees to indemnify, defend, and hold harmless Contollo Consulting, LLC, its affiliates, officers, directors, employees, agents, and service providers from and against any and all claims, demands, actions, proceedings, investigations, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to:

a) The User’s use of GlowBox or the use of the Platform by any person acting under the User’s account.
b) The content of the messages sent through the Platform.
c) The lack of valid consent, legal basis, or authorization to contact message recipients.
d) The User’s failure to comply with applicable laws and regulations relating to electronic communications, data protection, privacy, or anti-spam requirements.
e) The infringement of third-party rights, including intellectual property, privacy, or reputational rights.
f) The User’s breach of these Terms and Conditions or of any individual terms applicable to the subscribed plan.

GlowBox shall notify the User of any claim subject to indemnification, to the extent legally permitted, and may, at its discretion, assume or coordinate the defense. The User agrees to reasonably cooperate in such defense and shall not settle any claim without GlowBox’s prior written consent where such settlement involves an admission of liability or adversely affects GlowBox’s interests.

The indemnification obligations set forth in this Section shall survive the suspension or termination of the Service.

13. Indemnification

a) The User’s use of GlowBox or the use of the Platform by any person acting under the User’s account.
b) The content of the messages sent through the Platform.
c) The lack of valid consent, legal basis, or authorization to contact message recipients.
d) The User’s failure to comply with applicable laws and regulations relating to electronic communications, data protection, privacy, or anti-spam requirements.
e) The infringement of third-party rights, including intellectual property, privacy, or reputational rights.
f) The User’s breach of these Terms and Conditions or of any individual terms applicable to the subscribed plan.

The indemnification obligations set forth in this Section shall survive the suspension or termination of the Service.

15. Amendments to the Terms and Conditions

GlowBox reserves the right to modify, update, or replace these Terms and Conditions, in whole or in part, at any time and at its sole discretion.

Any modifications shall become effective upon their publication on the Platform, or as of the date expressly indicated therein, as applicable. GlowBox may notify the User of such modifications through the Platform, by email, or through any other reasonable means of communication.

The User’s continued use of GlowBox after the effective date of the modifications shall constitute the User’s express acceptance of the amended Terms and Conditions.

If the User does not agree with the modifications, the User must refrain from continuing to use the Platform and may cancel the account in accordance with the procedures made available by GlowBox.

16. Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Texas, United States of America, without giving effect to any conflict of laws principles.

Any dispute, claim, action, or proceeding arising out of or relating to these Terms and Conditions, the use of the Platform, or the provision of the Service shall be submitted to the exclusive jurisdiction of the competent courts of the State of Texas, and the parties expressly waive any other venue or jurisdiction that may otherwise apply by reason of their present or future domicile or for any other cause.

17. General Provisions

17.1. Entire Agreement

These Terms and Conditions, together with the Privacy Policy, the individual terms applicable to each subscribed plan, and any other documents incorporated herein by reference, constitute the entire agreement between the User and Contollo Consulting, LLC with respect to the use of GlowBox, and supersede any prior agreement, negotiation, understanding, or communication, whether oral or written.

17.2. Severability

If any provision of these Terms and Conditions is declared null, invalid, or unenforceable by a competent authority, such provision shall be interpreted to the maximum extent permitted by law or deemed severed, without affecting the validity or enforceability of the remaining provisions.

17.3. No Waiver

The failure or delay by GlowBox in exercising any right, power, or remedy granted under these Terms and Conditions shall not constitute a waiver of such right, power, or remedy, nor shall it prevent or restrict the subsequent exercise thereof.

17.4. Assignment

The User may not assign, transfer, or delegate, in whole or in part, any rights or obligations arising from these Terms and Conditions without the prior written consent of GlowBox. GlowBox may assign or transfer these Terms and Conditions in connection with a corporate reorganization, merger, acquisition, or sale of assets, without requiring the User’s consent.

17.5. Language

These Terms and Conditions are drafted in the Spanish language. In the event that a version in another language exists, the Spanish version shall prevail for all legal purposes, unless otherwise required by applicable law.

17.6. Contact

For any legal inquiry, notice, or communication related to these Terms and Conditions, the User may contact GlowBox through the official channels made available on the Platform or by email at: [legal contact email].