Terms of service

1. Business customers only

1.1 The Service is offered exclusively to businesses, public bodies and other organisations acting in the course of their trade, business or profession ("Customer"). It is not offered to consumers. By creating an account you confirm that you act for such an organisation and are authorised to bind it to these terms. We may ask for proof.

1.2 These terms apply exclusively. Conflicting terms of the Customer do not apply, even if we do not object to them.

2. The Service

2.1 i-mailsend is a web-based platform for permission-based email marketing. It lets Customers manage subscriber lists, collect subscribers with signup forms and double opt-in, authenticate their own sender domains, create and send email campaigns, process unsubscribes, bounces and complaints automatically, and view sending reports. The scope of each plan is described on our website or at checkout.

2.2 The Service is hosted in the European Union. We may develop and change the Service, provided its essential functions remain available to the Customer.

2.3 Email delivery depends on recipients' mail providers, which we do not control. We send email according to recognised technical standards but do not guarantee that an email is delivered or reaches the inbox.

2.4 We aim for high availability but do not guarantee uninterrupted operation. Maintenance is announced in advance where possible. A service-level agreement applies only if agreed separately in writing.

2.5 Until general availability, access to the Service may be limited to invited Customers, and some features may be marked as preview.

3. Account and review

3.1 The Customer must provide complete and accurate information and keep it up to date, including the company and legal footer details that appear in its emails.

3.2 New accounts are reviewed before they may send to real subscribers. Until approval, and during an initial period afterwards, sending limits apply that increase with a clean sending record. We may decline an account without giving reasons.

3.3 The Customer keeps login credentials confidential, ensures that only authorised persons use the account and informs us without delay of any suspected misuse. We recommend two-factor authentication and may require it.

4. Customer obligations

4.1 Consent. The Customer sends email only to recipients who have given valid consent or for whom another legal basis exists under applicable law, and can prove this. Signup forms must use double opt-in. Imported addresses require documented consent. The rules in the Acceptable use policy form part of these terms.

4.2 Lawful content. The Customer is solely responsible for the content of its emails, forms and lists, including the correct legal information about the sender, and ensures that they comply with applicable law (in particular data protection, unfair competition, consumer protection and intellectual property law) and do not infringe third-party rights.

4.3 Sender domains. The Customer sends only from domains it controls and has authenticated in the Service. Free-mail sender addresses are not permitted.

4.4 Fair use. No subscriber receives more than 3 emails per day from one Customer account. The Service enforces this limit automatically.

4.5 Data protection. For personal data of its subscribers, the Customer is the controller and we act as its processor. The data processing agreement under Art. 28 GDPR, available from us on request and accepted when the account is opened, forms part of these terms. Our own processing is described in the Privacy policy.

4.6 Indemnity. The Customer indemnifies us against third-party claims, including fines and reasonable costs of legal defence, that arise because the Customer culpably breached these terms or the law, and supports us in defending such claims.

5. Suspension

5.1 We may suspend sending, or block the account in whole or in part, if there are concrete indications that the Customer breaches these terms, the Acceptable use policy or the law, in particular in case of spam complaints, bounce or complaint rates above the limits in the Acceptable use policy, unconfirmed lists, prohibited content, a threat to the security or reputation of the Service, or a request from a competent authority. Sending is paused automatically when the limits in the Acceptable use policy are exceeded.

5.2 We take the Customer's legitimate interests into account, choose the mildest effective measure and inform the Customer without delay, where possible in advance. The suspension ends when its cause has been removed.

5.3 We may also suspend the Service if the Customer is more than 14 days in arrears with payment, after a reminder.

6. Fees and payment through Creem

6.1 Paid plans are sold through Creem, which acts as merchant of record. The purchase contract for the subscription is concluded with Creem, which handles checkout, payment, invoicing, VAT and refunds under its own terms shown at checkout. Our obligation to provide the Service under these terms is not affected.

6.2 Prices, billing period and plan limits are shown at checkout. Subscriptions renew automatically for the same period unless cancelled before the end of the current period.

6.3 We may change prices for future billing periods. We inform the Customer at least 30 days before a change takes effect; the Customer may cancel before then.

7. Customer content and data

7.1 The Customer keeps all rights to its content and data. It grants us the rights needed to host, process, copy and send this content in order to provide the Service.

7.2 The Customer can export its subscriber data at any time during the contract and for 30 days after it ends. After that we delete it, unless the law requires us to keep it.

7.3 We keep suppression entries (unsubscribes, bounces, complaints) where needed to honour them; where possible only as a one-way hash.

8. Liability

8.1 We are liable without limitation for damage caused intentionally or by gross negligence, for injury to life, body or health, under a guarantee we have given, under product liability law and wherever liability cannot be limited by law.

8.2 In case of slight negligence we are liable only for breach of an obligation whose fulfilment is essential for the proper performance of the contract and on which the Customer may regularly rely (essential obligation). In that case our liability is limited to the damage that is typical and foreseeable when the contract is concluded.

8.3 Otherwise our liability for slight negligence is excluded. For loss of data we are liable, within the above limits, only for the effort of restoring it from copies the Customer should reasonably keep.

8.4 These limitations also apply to the personal liability of our employees, representatives and agents.

9. Term and termination

9.1 The contract runs for the billing period chosen and renews as described in section 6. Free or trial accounts can be closed by either party at any time.

9.2 Either party may cancel a paid subscription with effect from the end of the current billing period, in the account settings or by email.

9.3 The right of either party to terminate for good cause without notice remains unaffected. Good cause for us includes in particular serious or repeated breaches of the Acceptable use policy.

10. Changes to these terms

10.1 We may change these terms for valid reasons, such as changes in the law, case law or the Service. We inform the Customer by email at least 30 days before the change takes effect.

10.2 If the Customer does not object before the change takes effect, the changed terms apply. We point this out in our notice. If the Customer objects, either party may terminate the contract as of the date the change would take effect.

11. Final provisions

11.1 These terms are governed by the laws of the country where the provider is established, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

11.2 Exclusive place of jurisdiction for all disputes is the provider's place of business, to the extent permitted by law. We may also sue the Customer at its place of business.

11.3 We may transfer this contract to a company that takes over the operation of the Service, in particular a company controlled by the provider. We inform the Customer at least 30 days in advance; the Customer may terminate the contract as of the date of transfer.

11.4 If any provision is invalid, the remaining provisions stay in effect.

11.5 These terms are written in English. Translations are for convenience; the English version prevails.

Questions about these terms: info@i-mailsend.eu.