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 543888605.

"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"

— means a natural person performing a legal act not directly related to their business or profession (Article 22¹ of the Civil Code). Consumer provisions also apply, to the extent provided by law, to a natural person concluding a contract directly related to their business where the contract is not of a professional nature for them ("business on consumer terms", Article 385⁵ of the Civil Code and Article 7aa of the Consumer Rights Act).

"Service"

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

"Software" or "Application"

— means the NetSendo software — an email and SMS marketing automation platform made available under a separate licence (EULA), installed by the Service Recipient on its own infrastructure (self-hosted) or run by the Service Provider as the NetSendo Cloud service.

"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"

— means a paid NetSendo GOLD subscription (GOLD licence for a self-hosted installation), NetSendo Cloud SILVER or NetSendo Cloud GOLD, concluded under the Terms of Sale.

"Terms"

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

"Terms of Sale"

— means the Terms of Sale for NetSendo Subscriptions and the NetSendo Cloud Service, available at /legal/terms-of-sale.

"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. Using the Software in a self-hosted installation also requires a server meeting the requirements below. For the NetSendo Cloud service the requirements in paragraph 1 are enough, because the Service Provider supplies the server.

• 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).
• Sale of Subscriptions (NetSendo GOLD and NetSendo Cloud)— the option to buy a Subscription: a GOLD licence for the Software installed by the Service Recipient (self-hosted), or the NetSendo Cloud service, in which the Service Provider installs, runs and updates the Software for the Service Recipient with a SILVER or GOLD licence. Buying, payment, withdrawal and the NetSendo Cloud service are governed by the Terms of Sale.
• 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 in paragraph 1 points 1–3, 5 and 6 are free of charge. Subscriptions (paragraph 1 point 4) are paid; prices are on the Pricing page and the terms in the Terms of Sale.

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 Service Recipients' personal data as described in the Privacy Policy;
• 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. In a self-hosted installation the Software runs on the Service Recipient's infrastructure. The Service Provider then has no access to the data processed in the installation and is not responsible for its security. In the NetSendo Cloud service the Service Provider runs the Software on its infrastructure, with a subcontractor, and processes the data in the instance on the Service Recipient's behalf, under the Terms of Sale and the data processing agreement.

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. On receiving an official notice or reliable information that content is unlawful, the Service Provider promptly disables access to it. Notices can be sent to contact@netsendo.com and are handled in accordance with Regulation (EU) 2022/2065 (Digital Services Act). Content in NetSendo Cloud instances is also covered by § 9 of the Terms of Sale.

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. Complaints about Subscriptions and the NetSendo Cloud service are handled under the Terms of Sale.

2. The complaint should be submitted electronically to the address: contact@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;
• acts or omissions of third-party providers chosen by the Service Recipient (SMTP providers, SMS gateways, AI providers, hosting of self-hosted installations); the Service Provider is responsible for the NetSendo Cloud subcontractor as for its own acts;
• 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. This limitation does not apply to businesses on consumer terms or to damage caused intentionally.

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 Privacy Policy describes how personal data is processed, including legal bases, retention periods and data subjects' rights.

4. In a self-hosted installation the Service Recipient is a separate controller of the personal data processed in its installation. In the NetSendo Cloud service the Service Recipient is the controller of the data in its instance, and the Service Provider processes it as a processor under the data processing agreement annexed to the Terms of Sale.

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 may withdraw from a contract for free services (§ 5 part A) within 14 days of concluding it, without giving reasons. In practice it is enough to stop using the Service or unsubscribe from the newsletter.

2. The right to withdraw from a Subscription is set out in § 11 of the Terms of Sale, separately for NetSendo GOLD and NetSendo Cloud. For NetSendo GOLD the right of withdrawal ends when the licence key is supplied, if the Consumer consented to this before ordering. For NetSendo Cloud the Consumer keeps the right of withdrawal and pays only for the days the service was provided.

3. The withdrawal statement can be sent by email to: contact@netsendo.com. For Subscriptions it can also be made through Link customer support.

4. The amount due for a Subscription is refunded within 14 days of receiving the statement, through Link, to the payment method the Consumer used.

5. A Consumer may use out-of-court complaint and redress procedures, in particular the help of a municipal or district consumer ombudsman or the permanent consumer arbitration court at the regional Trade Inspection office. Information is available at www.uokik.gov.pl.

6. The Consumer rights described in this section and in the Terms of Sale also apply to businesses on consumer terms (Articles 7aa and 38a of the Polish Consumer Rights Act).

1. Subscription prices are on the Pricing page and the payment terms in the Terms of Sale.

2. Prices on the Service are net prices in US dollars. VAT or sales tax, according to the Service Recipient's country, is added by Link on the payment page; the Service Recipient sees the total before placing the order.

3. Payments are accepted by Link (Sold through Link, LLC, a Stripe group company) as merchant of record. The statement shows the payment as "LINK.COM* NETSENDO". The Service Provider neither receives nor stores full payment card details.

4. The Subscription renews automatically every month or every year, according to the period chosen when ordering. The Service Recipient manages the payment method on link.com.

5. If payment for the next period cannot be collected, the Subscription ends after the retries are exhausted. For NetSendo GOLD the Software keeps working with the SILVER licence; for NetSendo Cloud the instance goes into dormancy for 90 days as described in the Terms of Sale.

6. Payment receipts and invoices for Subscriptions are issued and sent by Link. The Service Provider does not issue separate invoices for Subscriptions paid through Link.

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. This does not apply to businesses on consumer terms to the extent the law gives them consumer protection.

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. This version of the Terms was published on 7 November 2026. It applies to anyone who starts using the Service on or after that day from the moment they start, and to other Service Recipients from 21 November 2026 (§ 13(3)). The previous version applied from 16 February 2026.