Terms of Sale for NetSendo Subscriptions and the NetSendo Cloud Service

Version 1.0 of 7 November 2026 · effective from the date of publication on netsendo.com

This is a translation. The Polish version is binding (§ 17).

§ 1. General

These Terms set out how NetSendo subscriptions are bought on netsendo.com and how the NetSendo Cloud service is provided.
The provider is NETSENDO PSA (prosta spółka akcyjna, a Polish simple joint-stock company), registered office: ul. Jana III Sobieskiego 11, lok. E6, 40-082 Katowice, Poland. It is entered in the Polish National Court Register (KRS) under number 0001216341, NIP (tax ID) 6343067171, REGON 543888605.
Contact:
1. contact@netsendo.com: orders, payments, complaints, withdrawal, personal data, licences and other formal matters; this address is also the point of contact referred to in § 9(13);
2. support@netsendo.com: technical help, in particular installation, key activation, Instance operation and reporting failures.
A statement or complaint sent to either address is effective; NETSENDO passes it on to the right team. Letters can be sent to the registered office address in paragraph 2.
These Terms are available free of charge on netsendo.com in a form that can be downloaded, saved and printed. The Customer also receives them with the confirmation of the contract (§ 6(5)).

§ 2. Definitions

Provider or NETSENDO: NETSENDO PSA, details in § 1(2).
Customer: a natural person, legal person or organisational unit without legal personality that has legal capacity, concluding a contract with NETSENDO under these Terms.
Consumer: a Customer who is a natural person concluding the contract for purposes not directly related to their business or profession (Article 22¹ of the Polish Civil Code).
Business on consumer terms: a natural person concluding a contract directly related to their business where the contract shows that it is not of a professional nature for them, in particular given the subject of their business activity (Articles 7aa and 38a of the Polish Consumer Rights Act, Article 385⁵ of the Civil Code). Under Polish law such persons have the consumer rights described in these Terms.
Link: Sold through Link, LLC, a Stripe group company that accepts payments for Subscriptions on behalf of NETSENDO as merchant of record, together with the Stripe group companies that process the payment.
Software: the NetSendo software, an email and SMS marketing platform, made available on a source-available basis under the EULA.
EULA: the NetSendo End User License Agreement published at netsendo.com/en/legal/eula.
SILVER Licence: the free licence to the Software covering the basic features, on the terms of the EULA.
GOLD Licence: the paid licence to the Software that enables extended features for the duration of the Subscription, on the terms of the EULA.
Plan: one of the options listed in § 4(1).
Subscription: a contract concluded under these Terms for a chosen Plan, renewing every month or every year, according to the Billing Period.
Billing Period: a month or a year, as chosen by the Customer when ordering, counted from the day of the first payment to the day before the same day of the following month or year. Later Billing Periods run in the same way.
Cloud Service: the service in which NETSENDO installs the Software, runs it on its infrastructure and keeps it updated, as described in § 9.
Instance: a copy of the Software running for the Customer under the Cloud Service.
Customer Data: all data that the Customer or its users enter into the Instance or that the Instance collects on the Customer's instruction. This includes in particular subscriber lists, message content, campaigns, statistics and phone numbers for SMS.
Hosting Subcontractor: the company to which NETSENDO entrusts running the servers for the Cloud Service (§ 10).
DPA: the data processing agreement for the Cloud Service, Annex 1 to these Terms.
Business Day: Monday to Friday, except public holidays in Poland.
Dormancy: the state of the Instance after a Cloud Service Subscription ends, in which the Instance does not run and the Customer Data is kept, as described in § 9(14).

§ 3. Documents that apply together with these Terms

The right to use the Software, both in the GOLD Plan and in the Cloud Service, comes from the EULA. These Terms do not change the scope of the licence.
These Terms govern buying a Subscription, payment, withdrawal, complaints and the Cloud Service. They are an express written statement by NETSENDO within the meaning of sections 2.3, 3.1, 11.9 and 25.3 of the EULA and prevail over the EULA in the following matters:
1. NETSENDO providing hosting, operation, updates and backups in the Cloud Service, including matters that sections 2.2, 3.7, 12, 13 and 14 of the EULA leave to the Customer;
2. NETSENDO processing Customer Data in the Instance, which takes place under the DPA;
3. concluding the contract, payments, renewal and cancellation of the Subscription;
4. the rights of Consumers and businesses on consumer terms.
For a Consumer, the EULA provisions limiting use of the Software to "internal business operations" mean use for the Customer's own purposes. The Software may not be made available to third parties for their own independent use.
Other use of netsendo.com (information content, contact form, newsletter, demo) is governed by the Terms of Electronic Services.
How NETSENDO processes personal data as a controller is described in the Privacy Policy.
Payment takes place on Link's payment page. There the Customer accepts Link's terms (Sold through Link Terms) and is informed of Link's privacy policy. Link's terms concern the payment and the handling of the transaction. They do not change NETSENDO's obligations to the Customer under these Terms.

§ 4. Plans and prices

NETSENDO offers the following Plans, billed in US dollars (USD) monthly or yearly, as the Customer chooses:

Plan	What it includes	Net price per month	Net price per year
NetSendo GOLD (self-hosted)	a GOLD Licence key for the Software installed by the Customer on its own infrastructure	USD 97	USD 970
NetSendo Cloud SILVER	the Cloud Service with the SILVER Licence; the fee is for the Cloud Service	USD 39	USD 390
NetSendo Cloud GOLD	the Cloud Service with the GOLD Licence	USD 136 (USD 97 for the GOLD Licence and USD 39 for the Cloud Service)	USD 1,360 (USD 970 for the GOLD Licence and USD 390 for the Cloud Service)

Prices are net. VAT or sales tax is added where it applies, according to the rules of the Customer's country. Link calculates the tax on the payment page. Example: for the GOLD Plan a Consumer in Poland pays USD 97 plus 23% VAT, that is USD 119.31 per month, or USD 970 plus 23% VAT, that is USD 1,193.10 per year.
The Customer sees the total price including tax on the payment page before placing the order. The price shown on that page at the time of the order is binding.
Link may offer payment in the currency of the Customer's country at the exchange rate shown on the payment page. If the Customer chooses that currency, the amount in that currency is binding. Fees charged by the Customer's bank or card issuer, such as currency conversion fees, are borne by the Customer.
The yearly price equals the price of 10 months. Plans have no free trial. The Customer may ask to change the Billing Period (from monthly to yearly or the other way round) by writing to contact@netsendo.com; NETSENDO makes the change from the start of the next Billing Period. Discount codes, if NETSENDO offers them, work on the terms stated with the code.
The price does not include third-party services that the Customer uses with the Software, in particular email providers (SMTP or API), SMS gateways, AI model providers and domains. The Customer contracts with and pays them directly.

§ 5. The roles of Link and NETSENDO

The Customer concludes the Subscription contract with NETSENDO. NETSENDO grants the licence to the Software (through the EULA), provides the Cloud Service and is responsible to the Customer for performance in conformity with the contract.
Link acts as merchant of record under its agreement with NETSENDO. In particular, Link:
1. runs the payment page and accepts the payment; payment to Link is payment of the price owed to NETSENDO;
2. calculates and remits VAT or sales tax according to the Customer's country;
3. issues payment receipts and invoices and sends them from its own address;
4. handles payment matters: failed charges, card changes, refunds and payment disputes (chargebacks);
5. provides Subscription management, including cancellation, on link.com.
The card statement shows the payment as LINK.COM* NETSENDO.
Link has its own refund rules (Sold through Link Refund Policy). Under them it may refund a payment to the Customer, in particular within 60 days of the transaction. A refund by Link does not limit the Customer's rights under these Terms or the law. § 7(6) describes the effects of a refund.
Matters concerning the Software, the licence key and the Cloud Service are raised with NETSENDO. Payment matters may be raised with Link (support.link.com) or with NETSENDO, which passes them on to Link.
If the Customer indicates on the payment page that it buys as a business and enters a VAT number, Link decides whether the reverse charge or an exemption applies under the rules of the Customer's country. NETSENDO does not issue separate invoices for Subscriptions paid through Link.

§ 6. Concluding the contract

To buy a Subscription, the Customer:
1. chooses a Plan and a Billing Period on the netsendo.com pricing page;
2. enters an email address in the order form and, for the Cloud Service, an Instance name (§ 9(3));
3. accepts these Terms and the EULA and, for the Cloud Service, the DPA;
4. makes the statement about starting performance before the withdrawal period ends (§ 11);
5. goes to Link's payment page, enters payment details and the billing address there and confirms the order with a button indicating an obligation to pay.
The GOLD Plan can also be bought from within a Software installation (the Licence page). The order form then receives the address of that installation, and the key switches on there automatically (§ 8(2)).
The Customer enters card details and the billing address only on Link's page. NETSENDO does not receive full card details.
The contract is concluded when Link confirms a successful payment for the first Billing Period. If the payment fails or the Customer abandons it, no contract is concluded, and the Instance name stops being reserved after one day at the latest.
NETSENDO may refuse to carry out a Cloud Service order within 2 Business Days of payment if the chosen Instance name infringes third-party rights (in particular a trade mark or company name), misleads as to the Customer's identity or is unlawful. NETSENDO will then propose a different name. If the Customer does not accept it, NETSENDO cancels the Subscription and Link refunds the full amount paid.
Promptly after the contract is concluded, NETSENDO sends the Customer a confirmation of the contract to the email address given. The confirmation includes:
1. NETSENDO's details, the Plan, the Billing Period, the net price and a note that Link has added the tax;
2. for the GOLD Plan, the GOLD Licence key, and for the Cloud Service, the key assigned to the Instance;
3. the text of the statement the Customer made under § 11;
4. these Terms, the EULA and, for the Cloud Service, the DPA, in a PDF file the Customer can save.
Link separately sends the Customer a payment receipt and an invoice.

§ 7. Renewal, recurring payments and cancellation

The Subscription renews automatically for further Billing Periods of the same length: monthly or yearly. Link charges the fee for each Billing Period in advance, on its first day, to the payment method the Customer has chosen.
Link sends renewal reminders according to its rules. NETSENDO may also send renewal information by email.
The Customer may cancel the Subscription at any time:
1. on link.com, after signing in or through the link in Link's payment receipt;
2. with the "Cancel contracts here" form on netsendo.com, available without signing in from the footer of every page ("Verträge hier kündigen" in German). NETSENDO immediately confirms by email the receipt of the cancellation, its content, the date and time it was received and the date the Subscription ends; or
3. by writing to contact@netsendo.com from the email address used for the order. NETSENDO then cancels the Subscription within 1 Business Day and confirms this by email.
After cancellation NETSENDO confirms to the Customer by email the date on which the Subscription will end.
Cancellation takes effect at the end of the current, paid Billing Period, that is the month or year. Until that day the Customer keeps using the Plan unchanged. There is no refund for the unused part of a Billing Period unless the law, § 11, paragraph 9 or Link's refund rules provide otherwise.
If Link cannot collect the fee for the next Billing Period, it retries up to 4 times within 7 days. During that time the Plan keeps working. If the last attempt fails, the Subscription ends with the effects described in paragraph 6.
When the Subscription ends, including after Link refunds the full payment or after withdrawal:
1. GOLD Plan: the GOLD Licence expires. The key works until the end of the paid Billing Period and for 7 more days, unless the Subscription ended because of a refund or withdrawal, in which case the key is switched off without the extra 7 days. The Software keeps working with the SILVER Licence (section 5.5 of the EULA). The data in the Customer's installation stays with the Customer;
2. Cloud Service: the Instance goes into Dormancy under § 9(14). The Customer Data is kept for 90 days, and during that time the Customer can resume the service.
NETSENDO may end the Subscription by not renewing it for the next Billing Period if it stops offering the Plan or the Cloud Service. It informs the Customer by email at least 30 days before the end of the Billing Period after which the Subscription will not renew. If the Cloud Service is discontinued, NETSENDO provides an export of Customer Data under § 9(14)(4).
NETSENDO may terminate the contract with immediate effect if the Customer seriously breaches these Terms or the EULA, in particular by sending spam, distributing malware, circumventing licence protections or using the Cloud Service unlawfully. For other breaches NETSENDO first asks the Customer to stop and sets a deadline of at least 7 days. NETSENDO sends the termination by email with its reasons.
If mandatory provisions of the law of the country of a Consumer's habitual residence allow the Consumer to terminate a renewed yearly Subscription with shorter notice than at the end of the paid year, the Consumer may use that right. NETSENDO then refunds the price for the full months remaining in the paid year after the notice period ends.

§ 8. NetSendo GOLD Plan (self-hosted)

In the GOLD Plan the Customer receives a GOLD Licence key. The key arrives by email promptly after the contract is concluded, usually within a few minutes.
To enable GOLD features, the Customer pastes the key on the Licence page (/license) of its Software installation. If the Customer bought the GOLD Plan from within its installation (§ 6(1)), the key switches on there automatically within a few minutes of payment.
The key is valid until the end of the paid Billing Period and for 7 more days. Each paid renewal extends it to the new Billing Period.
The GOLD Plan requires:
1. an installation of the current version of the Software running on the Customer's infrastructure (a server with Docker and Docker Compose, at least 2 GB of RAM and 10 GB of free disk space);
2. an internet connection from the installation, needed to verify the key. During verification the installation sends NETSENDO's licence server the key, the domain it runs under and the Software version.
Requirements may change with new versions of the Software. The current requirements are in the documentation on netsendo.com.
The Customer is responsible for the installation, configuration, security, backups and availability of its installation (sections 3.7, 13 and 14 of the EULA). NETSENDO has no access to the data in the Customer's installation.
The key may not be shared with third parties. It may be used in one installation of the Software operated by the Customer. If the key leaks, the Customer should tell NETSENDO promptly; NETSENDO will replace it at no extra charge.
NETSENDO provides help with installing the Software and activating the key by email at support@netsendo.com, on Business Days. The help does not include administering the Customer's server or infrastructure.

§ 9. NetSendo Cloud Service

Scope. Under the Cloud Service NETSENDO:
1. installs the Software and starts the Instance;
2. runs the Instance on the Hosting Subcontractor's servers, including the server, operating system, database and TLS certificate;
3. updates the Software to current releases and applies security patches;
4. makes backups of the Instance (paragraph 9);
5. monitors the Instance and fixes failures;
6. provides technical help (paragraph 16).
In the Cloud SILVER Plan the Instance runs with the SILVER Licence, and in the Cloud GOLD Plan with the GOLD Licence.
Instance address. The Instance runs at <name>.netsendo.app. The netsendo.app domain belongs to NETSENDO. The Customer chooses the name in the order form, which checks live whether it is free. The name has 3–32 characters: lower-case letters, digits and hyphens, not at the beginning or end. NETSENDO does not assign:
1. names reserved for its own services and infrastructure, such as www, admin, support, netsendo and aderlo;
2. names that could suggest the Instance belongs to a bank, a payment provider or a parcel service, or is a sign-in page.
The Customer is responsible for ensuring the name does not infringe third-party rights. NETSENDO may later offer connecting the Customer's own domain; it will publish the terms on netsendo.com.
Start. NETSENDO starts the Instance within 2 Business Days of the contract. When the Instance is ready, the Customer receives an email with sign-in details. If the Instance has not been started within 5 Business Days, the Customer may ask NETSENDO to start it. If NETSENDO does not start it promptly after that request, the Customer may withdraw from the contract and receives a refund of the full amount paid.
Administrator account. The Customer receives an administrator account in the Software and can create accounts for its users there. The Customer does not receive access to the server, operating system, database or files of the Instance (in particular no SSH or FTP). Changes that need such access are made by NETSENDO at the Customer's request, if technically possible and safe.
Sending email and SMS. Outgoing SMTP traffic from the Instance server is blocked. To send email, the Customer connects its own email provider (SMTP or API) in the Software, and its own SMS gateway to send SMS. The Customer contracts with these providers and is responsible for their configuration, including the SPF, DKIM and DMARC records of its sending domain. If NETSENDO later offers sending email from the Instance itself, it will set out the terms separately.
Integrations and AI. AI features and integrations with external services work with the Customer's API keys, under the Customer's contracts with those providers. Data that the Instance sends to those providers on the Customer's instruction is sent by the Customer.
Updates and changes. NETSENDO updates the Instance in maintenance windows (paragraph 11). Updates may change Software features (section 10 of the EULA). If a change materially and negatively affects a Consumer's or business on consumer terms' access to or use of the Cloud Service, NETSENDO tells them by email in advance. Such a Customer may then terminate the contract within 30 days of receiving the information or of the change, whichever is later, and receives a refund of the price for the unused part of the Billing Period. This does not apply where the Customer can keep, at no extra cost, the previous version that conforms to the contract.
Backups. Once a day NETSENDO makes an automatic, encrypted backup of the whole Instance (files and database) to a separate server in a data centre in the European Union. The two most recent daily backups are kept, that is backups covering at most 2 days; the older backup is deleted only after the new one has been saved successfully. At the Customer's request NETSENDO restores the Instance from a backup at no extra charge, no more than 2 times a month. A restore replaces the current state of the Instance with the state from the backup. Backups are for restoring the Instance after a failure. They cannot recover data deleted more than 2 days before the restore and do not replace exports the Customer can make itself in the Software.
Resources. The Instance uses a shared pool of server resources. The Cloud Service is intended for ordinary use of the Software by one Customer. If NETSENDO introduces resource limits for one Instance (for example disk space or number of contacts), it will publish them on the Plan page on netsendo.com; for existing contracts, introducing limits is a change to these Terms (§ 14). If the Instance permanently loads the server in a way that threatens other Instances, NETSENDO informs the Customer and proposes reducing use or another way of using the Software, for example the GOLD Plan on the Customer's own server. Where other Instances are directly at risk, NETSENDO may temporarily limit the Instance's resources and inform the Customer.
Availability. NETSENDO uses due care to keep the Instance available at least 99.5% of the time in each calendar month, excluding planned maintenance. NETSENDO announces planned maintenance by email at least 48 hours in advance and carries it out where possible between 22:00 and 06:00 Polish time. Emergency maintenance to remove a security threat or fix a failure may take place without notice. The 99.5% level is a target NETSENDO works towards. Missing it does not give a right to contractual penalties or compensation. This does not limit the rights of Consumers and businesses on consumer terms if the service does not conform to the contract (§ 12).
Acceptable use. The Customer uses the Cloud Service in accordance with the law, these Terms and the EULA. In particular, the Customer may not:
1. send commercial or other messages to people who have not given the consent required by law, including Article 398 of the Polish Electronic Communications Law, or use purchased, rented or otherwise non-consented address lists;
2. send messages impersonating other people or organisations (phishing), or distribute malware or links to it;
3. store or distribute unlawful content, in particular content infringing copyright, personal rights or data protection law, or depicting child sexual abuse;
4. circumvent limits, security and licensing mechanisms, scan networks, run load tests without NETSENDO's consent, mine cryptocurrency or use the Instance in a way that disrupts the server or other Instances;
5. make the Instance available to third parties for their own independent use, in particular resell it as a service (section 7.1 of the EULA).
The Customer keeps bounce and spam-complaint rates low. NETSENDO treats in particular a spam-complaint rate above 0.3% or a hard-bounce rate above 5% in a campaign as warning levels. When they are exceeded NETSENDO may ask the Customer for an explanation and to clean the list, and if they are exceeded repeatedly, apply paragraph 13 point 3.
Suspension of the Instance. NETSENDO may suspend the Instance in whole or in part (for example by blocking sending):
1. immediately, where necessary to prevent harm to the security of the infrastructure, other customers or third parties, in particular when spam, phishing or malware is being sent;
2. immediately, when NETSENDO receives an order from an authority or court, or obtains reliable information about unlawful content in the Instance, if removing or blocking only that content is not possible;
3. in other cases of breach of paragraph 12 or the EULA, if the Customer has not remedied the breach by the deadline in a notice, which may not be shorter than 3 Business Days.
NETSENDO tells the Customer by email about the suspension, its reason and scope and how to appeal the decision, at the latest when suspending, and in cases 1 and 2 promptly afterwards. Once the cause is removed, NETSENDO promptly restores the Instance. If the Customer does not remove the cause within 14 days, NETSENDO may terminate the contract under § 7(8). Notices of unlawful content in Instances can be sent to contact@netsendo.com. NETSENDO handles them in accordance with Regulation (EU) 2022/2065 (Digital Services Act). contact@netsendo.com is also the point of contact for authorities and recipients of the service; we accept correspondence in Polish and English.
End of the Cloud Service and Dormancy of the Instance. When a Cloud Service Subscription ends, for whatever reason (cancellation, failed payment, refund, withdrawal):
1. the Instance goes into Dormancy. Its services are stopped: nobody can sign in, it sends no messages, runs no scheduled tasks and accepts no form sign-ups. The Instance address shows a page explaining the Dormancy with an option to resume. The Customer Data stays unchanged on the server in the EU, and the Instance name stays reserved for the Customer;
2. Dormancy lasts 90 days. NETSENDO emails the Customer when the Dormancy starts and 14 days and 1 day before the Instance is deleted. The Customer pays nothing for the Dormancy period;
3. during Dormancy the Customer may resume the Cloud Service by paying for the Subscription through the link in the email. The Instance then returns within a few minutes at the same address and with the same Customer Data, at no extra charge. Resuming means concluding a new contract on the Terms in force on the day of resumption;
4. during Dormancy the Customer may request an export of Customer Data by writing to contact@netsendo.com. NETSENDO delivers the export within 5 Business Days of the request at no extra charge. The export includes subscriber lists in CSV format and a copy of the Instance database in a commonly used format;
5. unsubscribe links in messages sent from the Instance before Dormancy keep working. NETSENDO records the unsubscribes in the Customer Data, so that after resumption the Instance does not send messages to people who have unsubscribed;
6. after 90 days NETSENDO deletes the Instance and the Customer Data. Backups expire within a further 2 days (paragraph 9), and the Instance name returns to the pool of names available to other customers. The Customer may ask for the Instance to be deleted earlier; NETSENDO then deletes it within 5 Business Days. At the Customer's request NETSENDO confirms the deletion by email.
If the contract ends by termination under § 7(8), the Customer cannot resume the Instance under point 3. Points 4–6 then apply subject to any legal obligation to retain data or hand it over to authorities.
Personal data in the Instance. The Customer is the controller of personal data in the Customer Data, and NETSENDO processes it as a processor under the DPA. NETSENDO does not use Customer Data for its own purposes. Staff of NETSENDO and of the Hosting Subcontractor access the Instance only as needed for operation, fixing failures, security, carrying out a Customer request or a legal obligation.
Technical help. NETSENDO provides help with the Instance by email at support@netsendo.com, on Business Days. Instance failures can be reported to that address at any time. The help covers the operation of the Instance and the Software; it does not cover configuring third-party services connected by the Customer or preparing its campaigns.

§ 10. Hosting Subcontractor

The servers for the Cloud Service are run for NETSENDO by the Hosting Subcontractor: ADERLO PSA (Aderlo Cloud), ul. Nowogrodzka 50/54 lok. 515, 00-695 Warsaw, Poland, KRS 0000955282, NIP 5492466214. The servers are located in the Hetzner Online GmbH data centre in Falkenstein, Germany.
The Customer does not conclude a contract with the Hosting Subcontractor, does not open an account with it and does not pay it. The Customer deals with NETSENDO on all Cloud Service matters.
NETSENDO is responsible for the acts and omissions of the Hosting Subcontractor as for its own.
NETSENDO may change the Hosting Subcontractor or the server location within the European Economic Area. It informs the Customer in advance in the way set out in the DPA. The change may not make the Cloud Service terms worse and does not change the Instance address in the netsendo.app domain.

§ 11. Right of withdrawal

Consumers and businesses on consumer terms may withdraw from the contract within 14 days of its conclusion, without giving reasons and without cost, subject to the exceptions in this section.
GOLD Plan (self-hosted). The GOLD Licence key is digital content that NETSENDO supplies immediately after payment. Before placing the order, the Customer consents to the key being supplied before the withdrawal period ends and acknowledges that it loses the right of withdrawal once the key is supplied (Article 38(1)(13) of the Polish Consumer Rights Act). NETSENDO confirms this consent in the email with the key (§ 6(5)). Once the key has been supplied, there is no right of withdrawal. This also applies to a key that switches on automatically in the Customer's installation (§ 8(2)).
Cloud Service (SILVER and GOLD). The Cloud Service is a digital service supplied on a continuous basis. Before placing the order, the Customer requests that performance starts before the withdrawal period ends (Articles 15(3) and 21(2) of the Polish Consumer Rights Act). The Customer keeps the right of withdrawal. If the Customer withdraws, it pays for the Cloud Service provided until withdrawal, in proportion to the number of days (Article 35 of the Polish Consumer Rights Act). For each day from the day the Instance was started to the day of withdrawal the amount is 1/30 of the gross price for a monthly Billing Period or 1/365 of the gross price for a yearly Billing Period. If the Instance had not been started before withdrawal, the Customer pays nothing. The licence key assigned to the Instance is part of the Cloud Service and does not exclude the right of withdrawal.
How to withdraw. Before the period ends, it is enough to send a withdrawal statement:
1. by email to contact@netsendo.com; the model form in Annex 2 may be used but is not required; or
2. through Link customer support (support.link.com), stating "cooling off period" as the reason.
NETSENDO promptly confirms receipt of the statement by email.
Refund. NETSENDO refunds the amount due within 14 days of receiving the statement, through Link, to the payment method the Customer used. The refund is free of charge for the Customer. If Link refunds the full amount paid under its own rules, NETSENDO does not claim payment for the period until withdrawal.
Effects of withdrawal. The Subscription is cancelled and § 7(6) applies. For the Cloud Service the Instance goes into Dormancy, and the Customer may request an export of Customer Data or its earlier deletion under § 9(14).
Customers who are neither Consumers nor businesses on consumer terms have no right of withdrawal. NETSENDO offers no voluntary refunds beyond the cases set out in these Terms, the law and Link's refund rules (section 11.7 of the EULA).

§ 12. Conformity with the contract and complaints

NETSENDO is responsible to Consumers and businesses on consumer terms for the conformity of the licence key and the Cloud Service with the contract, under Chapter 5b of the Polish Consumer Rights Act. If there is a lack of conformity, the Customer may demand that it be brought into conformity and, in the cases provided by the Act, declare a price reduction or withdraw from the contract.
For other Customers, liability under the statutory warranty (rękojmia) is excluded to the extent permitted by law. This does not exclude NETSENDO's obligations under § 9.
Complaints can be sent by email to contact@netsendo.com. It helps to include the email address used for the order, the Plan, the Instance address (for the Cloud Service), a description of the problem and the request. A complaint missing any of these is not rejected for that reason, but NETSENDO may ask for information needed to handle it.
NETSENDO replies to a complaint by email within 14 days of receiving it. If NETSENDO does not reply within that time to a complaint from a Consumer or a business on consumer terms, the complaint is deemed accepted.
Complaints about the payment itself (double charge, charge without consent, refund) can also be sent directly to Link.
Consumers 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 in Poland. Information about these procedures is available on the website of the Polish Office of Competition and Consumer Protection (uokik.gov.pl). Consumers from other EU countries may contact the European Consumer Centre in their country. NETSENDO does not commit in advance to taking part in out-of-court dispute resolution; it decides case by case.

§ 13. Liability

NETSENDO is liable to Consumers and businesses on consumer terms under the general rules, without the limitations of the EULA or these Terms, to the extent such limitations would not be permitted.
For other Customers, in Cloud Service matters:
1. NETSENDO is not liable for lost profits;
2. NETSENDO's total liability is limited to the fees the Customer paid for the Cloud Service in the 12 months before the event that caused the damage.
These limitations do not apply to damage caused intentionally or to liability that cannot be limited by law.
NETSENDO is not liable for:
1. third-party services the Customer has chosen and connected to the Software (email providers, SMS gateways, AI providers, domain registrars), except the Hosting Subcontractor (§ 10(3));
2. the content of messages and Customer Data and the lawfulness of sending them; the Customer is responsible for these;
3. in the GOLD Plan: the operation of the Customer's infrastructure and installation.
A Customer that is neither a Consumer nor a business on consumer terms indemnifies NETSENDO against claims by third parties and authorities arising from the content of Customer Data and from sends made by the Customer in breach of the law, including reasonable costs of defending against such claims.

§ 14. Changes to these Terms and prices

NETSENDO may change these Terms for important reasons, such as:
1. a change in the law, or a court ruling or authority decision, affecting the Plans;
2. a change in how Link or another payment operator works;
3. a change of Hosting Subcontractor or of how the Cloud Service is provided;
4. introducing new Plans or features or withdrawing existing ones;
5. the need to remove ambiguities or errors in these Terms.
NETSENDO informs Customers of a change by email at least 30 days before it takes effect and publishes the new version on netsendo.com. A change required by law may take effect earlier if the law so requires.
A Customer who does not accept a change may cancel the Subscription before the change takes effect. Until the end of the paid Billing Period the previous version of the Terms then applies.
NETSENDO announces a price change by email at least 30 days before the start of the Billing Period from which the new price applies. The Customer may cancel the Subscription before that day. A price change does not affect a Billing Period already paid.
For contracts concluded before a change, material terms concerning Consumers and businesses on consumer terms change only under paragraphs 2–4.

§ 15. Personal data

NETSENDO processes the data given in the order and the data Link passes to NETSENDO about the transaction as a controller, as described in the Privacy Policy.
NETSENDO processes personal data in Instances as a processor under the DPA (Annex 1). The Customer accepts the DPA when ordering the Cloud Service.
Link processes the data needed for payment, tax, fraud prevention and transaction support as a separate controller, under its own privacy policy.

§ 16. Governing law and disputes

Contracts concluded under these Terms are governed by Polish law. For a Consumer, the choice of Polish law does not deprive them of the protection of mandatory provisions of the law of the country of their habitual residence.
Disputes with Customers who are not Consumers are resolved by the court competent for NETSENDO's registered office.
Disputes with Consumers are resolved by the court competent under the general rules, in particular the Polish Code of Civil Procedure and Regulation (EU) No 1215/2012.

§ 17. Final provisions

These Terms are available in Polish, English, German and Spanish. The Polish version is binding. This does not limit a Consumer's rights under mandatory law.
If any provision of these Terms proves invalid or ineffective, the rest remain in force.
These Terms take effect on the day they are published on netsendo.com and apply to contracts concluded from that day.

Annexes

Data processing agreement — NetSendo Cloud.
Model withdrawal form.

Annex 2. Model withdrawal form

(complete and return this form only if you wish to withdraw from the contract)

To: NETSENDO PSA, ul. Jana III Sobieskiego 11, lok. E6, 40-082 Katowice, Poland, email: contact@netsendo.com

I/We(*) hereby give notice that I/We(*) withdraw from my/our(*) contract for the supply of the following service: ...........................................................

Email address used for the order: ...........................................................

Instance address (for NetSendo Cloud): ...........................................................

Concluded on: ...........................................................

Name of consumer(s): ...........................................................

Address of consumer(s): ...........................................................

Signature of consumer(s) (only if this form is sent on paper): ...........................................................

Date: ...........................................................

(*) Delete as appropriate.