Terms and Conditions of Electronic Services

Whenever these Terms refer to:

"Service Provider"

— implies NETSENDO PSA with its registered office in Katowice, ul. Jana III Sobieskiego 11, lok. E6, 40-082 Katowice, KRS 0001216341, NIP 6343067171, REGON 54388860500000.

"Service Recipient"

— implies a natural person, a legal person, or an organizational unit without legal personality, who uses services provided electronically by the Service Provider.

"Consumer"

— implies a natural person performing a legal act not directly related to their business or professional activity (Art. 22¹ of the Civil Code), as well as a natural person running a sole proprietorship, when the contract is not of a professional nature for them (Art. 385⁵ of the Civil Code).

"Service"

— implies the website available at netsendo.com and all related subpages through which the Service Provider provides electronic services.

"Software" or "Application"

— implies the NetSendo software — a self-hosted email and SMS marketing automation platform, made available under a separate license (EULA).

"Service (Electronic)"

— implies a service provided electronically within the meaning of the Act on the provision of electronic services, described in § 4 of these Terms.

"Subscription"

— implies paid access to extended functions of the Software (GOLD license), provided on a recurring billing basis.

"Terms"

— implies these Terms and Conditions for the provision of electronic services.

"GDPR"

— implies Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 — General Data Protection Regulation.

1. To use the Service, it is necessary to meet the following minimum technical requirements:

• device with Internet access (computer, tablet, smartphone);
• current web browser with JavaScript and cookies enabled (e.g., Google Chrome, Mozilla Firefox, Safari, Microsoft Edge — current version or one of the two previous ones);
• active e-mail address — in case of using contact forms, registration, or purchasing a Subscription;
• minimum screen resolution: 320 × 480 pixels.

2. To use the Software (self-hosted installation), the following is also required:

• server with Docker and Docker Compose installed;
• minimum 2 GB of RAM and 10 GB of free disk space;
• active Internet connection to download updates and communicate with external services (SMTP, provider APIs).

3. The Service Provider is not liable for technical problems or functional limitations resulting from the Service Recipient's failure to meet the above technical requirements.

1. The Service Provider provides the following electronic services via the Service:

• Provision of information content— presentation of information about the Software, its functions, integrations, technical documentation, blog, and current releases.
• Contact form— ability to send inquiries to the Service Provider electronically.
• Software download— ability to download the NetSendo Software for installation on the Service Recipient's own infrastructure (self-hosted), under the terms specified in a separate license (EULA).
• Subscription Service (GOLD license)— ability to purchase a paid Subscription giving access to extended Software functions, including account management, payments, and premium features.
• Newsletter— sending information and marketing messages to the e-mail address provided by the Service Recipient, after prior consent.
• Demo version (demo)— making available a public demonstration instance of the Software for familiarization purposes. Data in the demo version is reset periodically.

2. The services listed in sec. 1 points 1–3 and 6 are provided free of charge. The services listed in sec. 1 point 4 (GOLD Subscription) are paid — pricing details are available on the Pricing subpage.

3. The Service Provider reserves the right to expand, modify, or limit the scope of services provided, about which it will inform Service Recipients in the manner specified in § 13 of these Terms.

1. The Service Recipient undertakes to:

• use the Service and Software in accordance with these Terms, applicable law, and good practices;
• provide true and up-to-date personal data;
• not to provide or transmit unlawful content;
• not to take actions that may disrupt the proper functioning of the Service;
• not to infringe the intellectual property rights of the Service Provider and third parties;
• secure their login data against unauthorized access.

2. The Service Recipient has the right to:

• use services provided via the Service on the terms specified in these Terms;
• submit complaints in accordance with § 9 of these Terms;
• terminate the agreement at any time on the terms specified in § 5;
• exercise rights under the GDPR, described in the Privacy Policy.

1. The Service Provider undertakes to:

• provide services with due diligence;
• ensure continuity of Service operation, subject to technical and maintenance breaks;
• protect the personal data of Service Recipients in accordance with the GDPR and applicable law;
• inform Service Recipients about significant changes to the Terms, scope of services, or conditions for their provision.

2. The Service Provider has the right to:

• temporarily suspend the availability of the Service for maintenance, updates, or due to force majeure;
• block access to a Service Recipient violating the provisions of these Terms;
• modify the scope of services and functionalities of the Service.

3. The Service Provider informs that the Software is provided as a self-hosted solution. The Service Provider does not provide hosting services, does not store data processed by the Service Recipient within their own Software installations and is not responsible for the security of such data.

1. The Service Recipient undertakes not to provide or transmit unlawful content via the Service, in particular content:

• infringing the intellectual property rights of third parties;
• containing threats, insults, defamation, or violating personal rights;
• of a pornographic nature or promoting violence;
• constituting spam or unsolicited commercial communications;
• violating applicable provisions of Polish and EU law;
• containing malware, viruses, or other harmful elements.

2. In the event of receiving an official notification or obtaining reliable information about the unlawful nature of the provided content, the Service Provider will immediately prevent access to such content, in accordance with Art. 14 of the Act on the provision of electronic services.

3. The Service Recipient bears full responsibility for the content they provide via the Service. The Service Provider does not monitor the content provided by Service Recipients on an ongoing basis.

1. The Service Recipient has the right to file complaints concerning services provided electronically by the Service Provider.

2. The complaint should be submitted electronically to the address: office@netsendo.com.

3. The complaint should contain:

• name and surname or name of the Service Recipient;
• e-mail address of the Service Recipient;
• description of the problem constituting the basis for the complaint;
• Service Recipient's request related to the complaint.

4. The Service Provider examines the complaint within 14 days from the date of its receipt and informs the Service Recipient about the manner of its consideration electronically to the e-mail address indicated in the complaint.

5. In the event that the complaint does not contain the data necessary for its consideration, the Service Provider asks the Service Recipient to supplement the deficiencies, and the 14-day period runs from the date of supplementing the complaint.

1. The Service Provider makes every effort to ensure that the Service operates continuously and without interruptions. However, the Service Provider does not guarantee uninterrupted and error-free availability of the Service.

2. The Service Provider is not liable for:

• interruptions in access to the Service caused by technical, maintenance, or force majeure reasons;
• damages resulting from the use of the Service or Software contrary to the Terms or applicable law;
• content provided by Service Recipients or third parties;
• actions or omissions of third-party service providers (hosting, payment processors, SMTP providers, AI providers);
• data loss caused by the Service Recipient or third parties;
• security, availability, and correctness of Software operation on the Service Recipient's infrastructure (self-hosted installations).

3. The limitations of liability referred to in sec. 2 do not apply to the extent that the exclusion or limitation of liability is inadmissible under mandatory provisions of law, in particular with regard to Consumers.

4. In the case of Subscription, the Service Provider's total liability to a Service Recipient who is not a Consumer is limited to the amount of fees paid by the Service Recipient in the period of the last 12 months preceding the event giving rise to liability.

1. All content posted on the Service, including texts, graphics, logos, icons, photos, audio and video materials, source code, and layout, are the property of the Service Provider or entities with which the Service Provider has concluded appropriate agreements, and are protected under the Act on Copyright and Related Rights and other intellectual property laws.

2. The use of content posted on the Service is permitted only for personal use. Copying, distributing, modifying, or publicly making available content without the prior written consent of the Service Provider is prohibited.

3. The rules for using the Software are specified in a separate EULA license, available at: /legal/eula.

4. Trademarks, trade names, and logos used on the Service are the property of their respective owners and may not be used without their consent.

1. The administrator of Service Recipients' personal data is the Service Provider — NETSENDO PSA.

2. Detailed information on the processing of personal data, including the purposes and legal basis for processing, rights of data subjects, data retention period, and information on cookies, is contained in the Privacy Policy, which is a separate document available on the Service.

3. The Service Provider processes personal data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR) and the Polish Act of May 10, 2018 on personal data protection.

4. In the case of using the self-hosted version of the Software, the Service Recipient is a separate administrator of personal data processed within their installation and bears full responsibility for the compliance of such processing with applicable regulations.

1. The Service Provider reserves the right to change these Terms for important reasons, in particular in the case of:

• changes in applicable laws affecting the provision of services;
• changes in the scope or method of providing services;
• changes in technical conditions for providing services;
• necessity to adapt the Terms to issued judgments, decisions, or guidelines of public authorities.

2. The Service Provider will inform Service Recipients about changes to the Terms by:

• publishing the updated version of the Terms on the Service;
• updating the "Last updated" date visible at the beginning of the document;
• in the case of Service Recipients with a Subscription — notifying by e-mail at least 14 days before the changes enter into force.

3. The changed Terms enter into force after 14 days from the date of their publication on the Service, unless the changes result from mandatory provisions of law and require immediate entry into force.

4. In the absence of acceptance of the changed Terms, a Service Recipient with a Subscription has the right to terminate the agreement by the date the changes enter into force, without incurring additional costs.

1. A Consumer has the right to withdraw from a contract for the provision of electronic services concluded at a distance within 14 days from the date of concluding the contract, without giving a reason (Art. 27 of the Act on Consumer Rights).

2. The right to withdraw from the contract does not apply if the Service Provider has fully performed the service with the express and prior consent of the Consumer, who has been informed that after the performance of the service they will lose the right of withdrawal (Art. 38 point 1 of the Act on Consumer Rights).

3. To exercise the right of withdrawal, the Consumer should submit a declaration of withdrawal to the e-mail address: office@netsendo.com.

4. In the event of effective withdrawal from the contract, the Service Provider returns the payments made to the Consumer within 14 days from the date of receipt of the declaration of withdrawal, using the same method of payment as used by the Consumer.

5. The Consumer has the right to out-of-court resolution of consumer disputes. Detailed information on the possibility of using out-of-court complaint and redress procedures is available on the website of the Office of Competition and Consumer Protection: www.uokik.gov.pl.

6. The Consumer may use the ODR (Online Dispute Resolution) platform available at: https://ec.europa.eu/consumers/odr.

1. Subscription fees (GOLD license) are charged in accordance with the price list published on the Pricing subpage of the Service.

2. Prices given on the Service are net prices. VAT at the applicable rate is added to the prices, unless explicitly stated otherwise.

3. Payments are handled by third-party payment operators (e.g., Stripe, Polar). The Service Provider does not store full payment card data of Service Recipients.

4. The Subscription is automatically renewed. The Service Recipient is responsible for maintaining a current and valid payment method.

5. In the event of inability to collect payment, the Service Provider may suspend access to GOLD functions. The Service Recipient then retains access to functions under the free SILVER license.

6. The Service Provider issues VAT invoices in accordance with applicable laws. Invoices are available electronically.

1. In matters not covered by these Terms, the provisions of Polish law apply, in particular:

• Act of July 18, 2002 on the provision of electronic services;
• Act of May 30, 2014 on consumer rights;
• Act of April 23, 1964 — Civil Code;
• Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR).

2. Any disputes between the Service Provider and a Service Recipient who is not a Consumer will be settled by the court competent for the Service Provider's registered office.

3. Any disputes between the Service Provider and a Consumer will be settled by the competent court in accordance with the provisions of the Code of Civil Procedure.

4. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions remain in force. The invalid provision will be replaced by a provision closest to its economic purpose, which is valid and enforceable.

5. These Terms come into force on February 16, 2026.