Terms of service

1. About these Terms and Conditions

1.1 Who we are

These Terms of Service (hereinafter referred to as the “Terms”) govern the rights and obligations arising between Mailnatives s.r.o., company registration number 07891768, with its registered office at Piletická 486, 503 41 Hradec Králové, Czech Republic, registered in the Commercial Register maintained by the Regional Court in Hradec Králové under file no. C 43368 (hereinafter referred to as “Mailnatives”), and the User in connection with the use of the services provided via the Mailnatives platform.

The company’s contact details are published on the Mailnatives website.

1.2 What these Terms and Conditions cover

These Terms and Conditions constitute a contract between Mailnatives and the User. In particular, they govern the terms of registration, use of the services, payments, data protection, the liability of the contracting parties and the termination of the provision of services.

Certain services or features may be subject to supplementary terms and conditions, price lists, technical specifications or licence agreements. In the event of any conflict, these specific agreements shall take precedence over these Terms and Conditions to the extent that they govern the service in question.

1.3 Conclusion of the contract

The contract between Mailnatives and the User is concluded at the moment when the User:

• completes the registration of their User Account,
• confirms their acceptance of these Terms and Conditions, or
• begins to use any of Mailnatives’ services, provided that the use of such services is conditional upon acceptance of these Terms and Conditions.

By using the services, the User confirms that they have read and understood these Terms and Conditions and agree to their terms.

1.4 Who the services are intended for

Mailnatives’ services are primarily intended for entrepreneurs, commercial companies, public institutions, non-profit organisations and other entities using the services as part of their business, professional or other similar activities.

The use of the services by consumers is not excluded. In such cases, the relevant provisions of consumer protection legislation and the ‘Consumers’ section of these Terms and Conditions shall also apply.

1.5 Definitions

For the purposes of these Terms and Conditions, the following terms shall have the meanings set out below:

Platform

The Mailnatives online environment through which individual services, applications and User Account administration are provided.

Services

All services, applications, APIs, technical support and other services provided by Mailnatives.

User

A natural or legal person who uses the Services or has entered into a contract in accordance with these Terms and Conditions.

User Account

An account created on the Platform through which the User accesses the Services.

Credit

A prepaid amount intended to cover the cost of paid services in accordance with the current price list or an individual agreement.

Terms not expressly defined in this chapter shall have the meaning arising from their use in other parts of these Terms and Conditions.

1.6 Order of precedence of contractual documents

Unless otherwise agreed in writing, the contractual documentation shall consist of the following, in the order listed:

1. the individual contract or order,
2. any special terms and conditions relating to a specific service,
3. these Terms and Conditions,
4. the current price list.

In the event of any conflict, the documents listed above shall take precedence.

2. Basic Principles Governing the Use of Services

Our aim is to provide reliable and professional cloud services for email marketing, marketing automation, data management and other related areas. To ensure that the use of the services is transparent and secure for all Users, their provision is governed by the following principles.

2.1 We provide services as a cloud platform

Mailnatives provides its services in the form of a cloud solution (Software as a Service – SaaS). The services are accessed via the internet and do not require local installation, unless otherwise stated for a specific service.

Individual applications may be provided separately or as part of the Platform.

2.2 We are continuously developing our services

We are continuously developing, updating and expanding our services to keep pace with technological developments, security requirements and the needs of Users.

For this reason, certain features may be modified, replaced or discontinued. Should a change significantly restrict the use of a paid service, the User will be notified in an appropriate manner in advance, unless prevented by security or technical reasons.

2.3 Data remains the property of the User

Data entered or created by the User whilst using the services remains their property or the property of the persons from whom they have obtained the relevant authorisation.

Mailnatives uses this data only to the extent necessary for the provision of the services, their security, technical support and the fulfilment of legal obligations.

2.4 The User is responsible for how they use the services

The User is responsible for the manner in which they use the Services, for the content they create or process through them, and for ensuring that their activities comply with the law and these Terms and Conditions.

Use of the Services must not unlawfully infringe the rights of third parties or jeopardise the security, stability or availability of the Platform.

2.5 Security is a shared responsibility

Mailnatives takes appropriate technical and organisational measures to secure the services it provides.

The user is responsible, in particular, for protecting their login details, securing the devices from which they use the services, and managing the permissions of individuals to whom they have granted access to their account.

2.6 Some services use third-party systems

Certain features of the Platform may use third-party services or interfaces, such as payment gateways, analytics tools, advertising platforms, email delivery systems or other external services.

Their availability, functionality or terms of use may be independent of Mailnatives.

2.7 Fair use of the services

The services are designed for normal professional use.

The User undertakes not to use the Services in a manner that would place an unreasonable burden on the Platform’s infrastructure, circumvent technical restrictions, disrupt the operation of the Services, or prevent their proper use by other Users.

2.8 Communication between Mailnatives and the User

Mailnatives may inform the User via the Platform or by email, in particular regarding changes to the services, security alerts, planned downtime, new features or other matters relating to the use of the services.

This information is considered part of the provision of the Services and does not constitute commercial communication, unless the nature of the information suggests otherwise.

3. User Account

3.1 Registration

Access to the Services is provided via a User Account created on the Platform.

Upon registration, the User is obliged to provide true, complete and up-to-date information. If this information changes, the User is obliged to update it without undue delay.

Mailnatives may require verification of the email address, telephone number, the User’s identity or other details, where necessary to ensure the security of the Services, to comply with legal obligations or to activate certain features.

3.2 Login details

The user is responsible for securing their User Account and for protecting their login details against unauthorised use.

If the user discovers or has reasonable grounds to suspect that unauthorised access to their account has occurred, they are obliged to change their login details without undue delay and to inform Mailnatives.

Mailnatives shall not be liable for any damage arising from the use of correct login details by an unauthorised person, provided that this did not occur as a result of a breach of Mailnatives’ obligations.

3.3 Multiple users

The User is responsible for the actions of all persons to whom they have granted access to their account, just as if they were using the services themselves.

The User is responsible for managing the permissions of individual users and for revoking them if they are no longer authorised to access the account.

3.4 Agency Access

The Platform may allow accounts to be managed via external agencies or other authorised partners.

If the User grants an agency or other third party authorisation to manage their account, they acknowledge that such a party may, within the scope of the authorisation granted, in particular:

• manage the settings of the Services,
• create, edit or delete campaigns,
• access data and statistics,
• use integrated services,
• manage other authorisations.

The scope of authorisation is always determined by the User via the Platform.

3.5 Suspension or restriction of an account

Mailnatives may temporarily restrict or suspend access to a User Account, in particular where:

• there is reasonable suspicion of unauthorised access or a security incident,
• there is a breach of these Terms or applicable legislation,
• the use of the Services jeopardises the security, stability or availability of the Platform,
• it is necessary to comply with legal obligations,
• the User is in arrears with payments under these Terms.

Where circumstances permit, Mailnatives will notify the User in advance of any restriction or suspension of their account.

3.6 Cancellation of a User Account

A user may cancel their account at any time using the method available on the Platform or by contacting Mailnatives support.

Cancelling an account does not automatically extinguish any obligations arising prior to its termination, in particular the obligation to pay for paid services already provided or to settle other liabilities towards Mailnatives.

The conditions governing the termination of the provision of Services, the export of data and its deletion are set out in the ‘Duration and Termination’ section of these Terms.

4. Our Services

4.1 The Mailnatives Platform

Mailnatives provides a cloud-based platform through which Users can utilise individual applications, tools, APIs and other services focused primarily on email marketing, marketing automation, data management, content personalisation, data validation, analytics, campaign management and other related areas.

The scope of available services depends primarily on the type of User account, the services purchased, the amount of Credit, or the individual contract.

4.2 Available Features

Individual services may include, in particular:

• a web user interface,
• an API,
• integration interfaces,
• data export and import,
• automated processes,
• notifications,
• analytical tools,
• other features specified in the Documentation or directly on the Platform.

Not all features are available in all services or pricing plans.

4.3 Paid and free services

Some services or parts thereof may be provided free of charge.

Paid services are made available upon fulfilment of the conditions set by Mailnatives, in particular following the purchase of Credit or payment of the relevant price in accordance with the current Price List or an individual agreement.

4.4 Trial operation and beta features

Unless expressly stated otherwise, no guarantees of availability or technical support apply to beta features.

4.5 Documentation and technical information

Function descriptions, guides, technical documentation, usage examples, and information provided in the user interface or knowledge base serve as supplementary information for the use of the Services.

Unless expressly stated otherwise, they do not constitute a commitment by Mailnatives to provide specific functions or features.

4.6 Technical Support

Mailnatives provides technical support to the extent corresponding to the service used.

Technical support is intended to resolve technical issues relating to the use of the Services and does not include, in particular, the development of custom functions, programming work, marketing consultancy or campaign management, unless otherwise agreed.

4.7 Changes to Services

Mailnatives is entitled to modify, expand, update or discontinue individual parts of the services on an ongoing basis, provided that this does not unreasonably affect the User’s legitimate expectations.

In particular, Mailnatives may:

• add new features,
• modify the user interface,
• change the technical solution,
• replace or discontinue obsolete features,
• change the manner in which individual services are provided.

5. Integration and third-party services

5.1 Integration with external systems

Mailnatives’ services may enable integration with third-party applications, platforms, information systems or other services (hereinafter referred to as “External Services”).

Such integration may be implemented in particular via APIs, JavaScript, data layers, webhooks, data import or export, add-ons, connectors or other integration mechanisms.

5.2 Authorisation for linking

The User is responsible for ensuring that they are authorised to link External Services to their User Account and that they hold all necessary authorisations to transfer, process or make the relevant data available.

Where authorisation via a third-party account is required for the integration, this shall always be granted by the User or a person authorised by them.

5.3 Availability of integrations

Mailnatives endeavours to ensure the long-term availability of supported integrations.

However, the functionality of individual integrations may depend on External Services, their technical interfaces, licensing terms or the commercial decisions of their operators.

Mailnatives therefore cannot guarantee the continuous availability or immutability of individual integrations.

5.4 Changes to External Services

If the operator of an External Service changes its technical interface, terms of use, authentication method or pricing policy, or ceases to provide the service, it may be necessary to modify, temporarily restrict or terminate the relevant integration.

Mailnatives is not liable for any limitations in functionality caused by changes to External Services over which it has no reasonable control.

5.5 Data Transfer

The use of integrations may result in the automatic transfer of data between the Platform and External Services.

The User is responsible for configuring individual integrations and for ensuring that the scope of the data transferred complies with their requirements, legal regulations and the terms and conditions of the relevant External Services.

5.6 API

Mailnatives may make available an API designed for automated communication with the Services.

Use of the API is governed by these Terms, any applicable technical documentation and the limits set for a specific service or User Account.

Mailnatives may, for security, technical or operational reasons, reasonably restrict the number of requests, the scope of functions or access to the API.

5.7 Liability for External Services

Mailnatives accepts no liability for the content, availability, security, accuracy or functionality of External Services.

Any fees for the use of External Services shall be paid by the User directly to their providers.

6. Use of the Services

6.1 Use in accordance with the intended purpose

The User is authorised to use the Services only in a manner that complies with these Terms and Conditions, the Documentation, generally applicable legal regulations and the purpose for which the Services are intended.

The User is responsible for all activities carried out via their User Account or the accounts of persons to whom they have granted access authorisation.

6.2 Content and Legality

The User is responsible for all content, data and information that they create, store, process, send or otherwise make available via the Services.

The User is obliged to ensure that their activities, in particular:

• comply with legal regulations,
• do not infringe the rights of third parties,
• do not infringe intellectual property rights,
• comply with data protection rules,
• and are not contrary to public policy.

6.3 Prohibited Use

In particular, the User must not use the Services for:

• sending unsolicited commercial communications or other forms of spam,
• distributing malicious code, fraudulent or illegal content,
• phishing, impersonation or other deceptive conduct,
• infringement of third parties’ intellectual property rights,
• unauthorised collection or processing of personal data,
• compromising the security or availability of the Services,
• circumventing technical or security measures,
• use in a manner that may place an unreasonable burden on the Platform’s infrastructure or restrict other Users.

6.4 Compliance with rules on cookies and user consent

The User is responsible for the correct configuration and use of the Services in accordance with the legislation governing the use of cookies, similar technologies, the processing of personal data and electronic communications.

Where the use of any feature, script, tag, event, integration or other part of the Services is subject to the visitor’s consent or another legal basis, the User is obliged to ensure that such a feature is activated only under conditions that comply with the relevant legislation.

In particular, the User is responsible for:

• correctly classifying individual features, scripts, tags, events, integrations or other parts of the Services into the appropriate category within their consent management solution (Cookie Consent Management Platform),
• correctly setting the conditions under which individual features may be triggered,
• ensuring that the use of the Services complies with the User’s chosen method of obtaining and managing visitors’ consent.

Mailnatives does not assess the correctness of the legal classification of individual functions into consent categories, nor does it provide a legal assessment of their use. The User is solely responsible for ensuring that the settings comply with legal regulations.

6.5 Cooperation

Where the resolution of a technical problem or security incident requires the User’s cooperation, the User undertakes to provide such cooperation to a reasonable extent.

Mailnatives shall not be liable for any delay or restriction in the provision of the Services caused by a failure to provide the necessary cooperation.

6.6 Measures in the Event of a Breach of the Terms

If Mailnatives has reasonable grounds to suspect that the Services are being used in breach of these Terms and Conditions, it may, depending on the nature and severity of the situation, take appropriate measures, in particular:

• notify the User of the detected breach,
• temporarily restrict certain functions,
• suspend the provision of the Services or access to the User Account,
• remove content whose continued availability would contravene legal regulations or these Terms and Conditions,
• terminate the contractual relationship in accordance with the section entitled ‘Duration and Termination’.

Where circumstances permit, Mailnatives shall endeavour to select measures that are proportionate to the nature of the breach and that restrict the proper use of the Services as little as possible.

6.7 Reporting misuse

If a User believes that the Services are being misused, that these Terms are being breached, or that a security incident has occurred, they may report this to Mailnatives using the contact details provided on the website or on the Platform.

Mailnatives will assess the report within a reasonable time and take appropriate action as the circumstances require.

7. Data and content

7.1 User Data

All data, content and other information that the User uploads to or processes via the Services (hereinafter referred to as “User Data”) remains the property of the User or of the persons who have authorised the User to use it.

By using the Services, the User grants Mailnatives a non-exclusive licence to process User Data to the extent necessary for the provision of the Services, their security, technical support, the fulfilment of contractual obligations and compliance with legal obligations.

7.2 Responsibility for User Data

The User is responsible for the accuracy, completeness, timeliness and lawfulness of the User Data.

The User is also responsible for ensuring that they are authorised to upload User Data to the Services, process it and use it in a manner consistent with the purpose of using the Services.

Mailnatives is under no obligation to verify the accuracy, origin or legitimacy of User Data.

7.3 Electronic communications and marketing

If the User uses the Services to send commercial communications, marketing campaigns, newsletters or other electronic communications, they are responsible for ensuring that this activity complies with the legal regulations in force in the countries where the recipients of the communications are located.

In particular, the User is responsible for:

• obtaining the necessary consents or ensuring the existence of another legal basis for sending communications,
• fulfilling information obligations towards recipients,
• enabling easy unsubscription or cancellation of the subscription, where required by law,
• complying with the rules on personal data protection and electronic communications.

Mailnatives is not responsible for the legality of campaigns created or sent by the User.

7.4 Backing up and storing data

Mailnatives may create backup copies of the User’s Data for the purposes of ensuring the operation, security and recovery of the Services.

Backing up does not constitute a long-term data archiving service. The User is responsible for creating their own backups if their retention is important for their activities.

7.5 Data export

Where the nature of the Service permits, the User may export their Data using the functions available on the Platform or by any other means specified by Mailnatives.

Following the termination of the provision of the Services, the User’s Data may only be available for a limited period as set out in these Terms and Conditions or in the Documentation.

7.6 Data deletion

Following the termination of the provision of the Services, Mailnatives may delete the User’s Data after the expiry of a reasonable period necessary to complete the termination of the contractual relationship, fulfil legal obligations, resolve any disputes or restore data from backups.

Once the data has been deleted, Mailnatives is under no obligation to ensure its further restoration or make it available.

7.7 Anonymised and statistical data

Mailnatives is entitled to create and use summary, anonymised or aggregated statistical data generated through the use of the Services, provided that such data cannot be used to directly or indirectly identify a specific User or any other natural person.

Data obtained in this way may be used in particular for:

• the development and improvement of the Services,
• analytical purposes,
• measuring the Platform’s performance,
• compiling technical statistics,
• security analyses.

7.8 Content created using the Services

If a User uses the Services to create texts, images, analyses, recommendations or other outputs, they are responsible for checking them before further use.

Mailnatives is not liable for the accuracy, completeness or suitability of outputs generated by automated functions or functions utilising artificial intelligence, unless expressly stated otherwise.

8. Data Protection

8.1 Data Protection

Mailnatives processes personal data in accordance with applicable legislation, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR) and related legislation.

Details regarding the processing of personal data are set out in the Privacy Policy, which is available on the Mailnatives website.

8.2 Status of the contracting parties

When providing the Services, Mailnatives may act as:

• a data controller, where it processes personal data for its own purposes (for example, when registering a User, managing an account, invoicing, providing support or fulfilling legal obligations),

or

• a data processor, where, in the course of providing the Services, it processes personal data on behalf of the User.

The status of the contracting parties is always assessed according to the specific purpose of the processing.

8.3 Processing of personal data on behalf of the User

Where Mailnatives acts as a data processor in the provision of the Services, the mutual rights and obligations of the contracting parties are governed by a separate Data Processing Agreement (DPA).

Unless expressly agreed otherwise, the DPA forms an integral part of the contractual relationship between Mailnatives and the User.

8.4 User’s Obligations

The User is responsible for ensuring that:

• they are authorised to process personal data via the Services,
• they have an appropriate legal basis for such processing,
• fulfils their information obligations towards data subjects,
• uses the Services in accordance with the legal provisions governing the protection of personal data.

Mailnatives is not liable for the lawfulness of the processing of personal data carried out by the User.

8.5 Security

Mailnatives takes reasonable technical and organisational measures to protect personal data and other data processed in the provision of the Services.

9. Payments

9.1 Price of Services

The use of certain Services is subject to a charge.

Current prices, billing methods, billing units, limits and other pricing terms are set out in the current Price List or may be agreed in an individual contract.

Unless expressly stated otherwise, all prices are quoted exclusive of applicable taxes.

9.2 Credit

Selected Services may be paid for using Credit held in the User Account.

Credit represents a prepaid amount intended solely for the payment of Services provided via the Platform.

The scope of use of Credit, the method of its utilisation and any restrictions are set out in the Price List in the User Account.

9.3 Top-up of Credit

Credit can be topped up using the methods offered on the Platform, in particular via online payment, bank transfer or any other method permitted by Mailnatives.

Credit is credited following successful processing of the payment or upon fulfilment of any further conditions specified for the chosen payment method.

9.4 Invoicing

Mailnatives will issue a tax document in accordance with applicable legislation.

Tax documents may be made available electronically via the Platform or sent to the email address specified in the User Account.

The electronic form of tax documents is considered a fully valid form of delivery.

9.5 Payment Methods

Mailnatives may offer various payment methods depending on the nature of the Services or the User’s country.

The availability of individual payment methods may vary depending on the Service used, the order value or other circumstances.

9.6 Late Payment

If the fee for the Services is not paid within the specified period, Mailnatives may, following prior notice:

• restrict the provision of certain Services,
• suspend access to paid features,
• refuse further use of the Services,
• suspend the option to top up Credit on account,
• exercise other rights arising from legislation or these Terms and Conditions.

Restrictions on the provision of Services do not relieve the User of the obligation to settle any outstanding liabilities.

9.7 Refunds of payments and Credit

Unless otherwise provided for by legislation, these Terms and Conditions or an individual contract, payments made are final.

Unused Credit shall not be refunded upon termination of the contractual relationship, unless otherwise provided for by legislation or an individual contract.

Credit is valid for one year from the date of top-up.

9.8 Price changes

Mailnatives may update the Price List from time to time.

Price changes do not affect Services that have already been paid for or Credit that has already been credited, unless expressly stated otherwise for a specific service.

New prices shall apply from the moment of their publication or from a later date specified in the Price List.

10. Operation of the Services

10.1 Availability of the Services

Mailnatives endeavours to provide the Services with the highest possible quality and availability.

However, given the nature of cloud services, Mailnatives does not guarantee the uninterrupted availability of the Services or their error-free operation.

10.2 Maintenance and Updates

Mailnatives is entitled to carry out scheduled maintenance, updates, security patches or other technical interventions necessary to ensure the proper operation of the Services.

Where possible, scheduled downtime will be announced in advance via the Platform, by email or by other appropriate means.

10.3 Security Measures

Where required to protect the Services, User Data or the security of the Platform, Mailnatives may, without prior notice, take the necessary technical or organisational measures, including temporarily restricting certain functions or access to the Services.

10.4 Technical Requirements

In order to use the Services properly, the User is required to use a supported web browser, appropriate technical equipment and an internet connection.

Certain functions may require JavaScript support, the use of a secure connection, access to third-party interfaces, or compliance with other technical requirements set out in the Documentation.

10.5 Changes to the technical solution

Mailnatives may, from time to time, change the technical architecture, infrastructure, method of providing the Services or the technologies used, provided that this does not substantially limit the purpose of the Services provided.

Such changes do not in themselves constitute a breach of contract.

10.6 Dependence on external services

Certain parts of the Services may depend on the availability or proper functioning of External Services, internet service providers, cloud infrastructure or other suppliers.

Mailnatives shall not be liable for any outages or restrictions caused by circumstances beyond its reasonable control.

10.7 Technical Support

Technical support is provided to the extent corresponding to the Service used or the agreed support plan.

Mailnatives may specify the method of contacting support, the supported communication channels, operating hours or rules for handling requests.

Unless expressly agreed otherwise, Mailnatives does not guarantee any response time or time taken to rectify a fault.

10.8 Force majeure

Mailnatives shall not be liable for any restrictions on or unavailability of the Services caused by circumstances beyond its reasonable control, in particular as a result of supplier failures, cyber-attacks, natural disasters, decisions by public authorities or other cases of force majeure.

11. Intellectual Property

11.1 Rights to the Platform and Services

The Platform, individual Services, their source codes, databases, graphic elements, user interfaces, documentation, texts, trade marks, trade names, logos and other components of the Platform are protected by legislation governing intellectual property rights.

Unless expressly stated otherwise, all rights to the Platform and Services belong to Mailnatives or its licensing partners.

11.2 Licence to Use the Services

For the duration of the contractual relationship, Mailnatives grants the User a non-exclusive, non-transferable and time-limited licence to use the Services to the extent necessary for their proper use and in accordance with these Terms and Conditions.

In particular, the licence does not authorise the User to:

• provide the Services to third parties as their own services, unless otherwise agreed,
• sell, lease or otherwise make the Platform commercially available,
• copying, modifying or creating derivative works from the Services, unless this is necessary for their normal use or permitted by law,
• reverse engineering, decompiling or making other attempts to obtain the source code, unless expressly permitted by law.

11.3 User Data

This section does not affect the User’s ownership or other rights in respect of User Data.

The use of User Data is governed by the ‘Data’ section of these Terms and Conditions.

11.4 Documentation

The Documentation is intended solely for the use of the Services.

Without Mailnatives’ prior consent, the Documentation or any substantial part thereof may not be copied, published or used in any way that goes beyond the normal use of the Services, unless such use is permitted by law.

11.5 Feedback

The User may provide Mailnatives with suggestions for improvement, comments, recommendations or other input relating to the Services (hereinafter referred to as “Feedback”).

By providing Feedback, the User grants Mailnatives a royalty-free, non-exclusive licence, unlimited in time and territory, to use, modify, develop and incorporate such Feedback into the Services or other products, without the User being entitled to any remuneration or other consideration.

11.6 Mailnatives Branding

The User is not authorised to use Mailnatives’ trade name, trade marks, logos or other identifying elements in a manner that could give the impression of a commercial or other association beyond the scope of the Services actually provided.

The use of the Mailnatives logo or branding for marketing or reference purposes is permitted only with Mailnatives’ consent or to the extent expressly authorised by Mailnatives.

11.7 References

Unless the User specifies otherwise in writing, Mailnatives is entitled to include the User’s business name, name or trade mark amongst its references and to use them to indicate that the User utilises Mailnatives’ Services.

When using such references, the content of the User’s Data or other non-public information shall not be disclosed.

12. Liability

12.1 Mailnatives’ liability

Mailnatives is responsible for providing the Services with due care and in accordance with these Terms and Conditions.

Mailnatives shall take reasonable technical and organisational measures to ensure the security, reliability and availability of the Services; however, it cannot guarantee their uninterrupted or error-free operation.

12.2 User’s Liability

The User is responsible in particular for:

• using the Services in accordance with these Terms and Conditions and the law,
• the accuracy and lawfulness of the User’s Data,
• securing their User Account,
• the actions of persons to whom they have granted access to their account,
• the correct configuration of the Services, integrations and related systems.

12.3 Limitation of Liability

Mailnatives shall not be liable for any loss or damage arising, in particular, as a result of:

• incorrect or inappropriate use of the Services,
• a breach of these Terms by the User,
• incorrect configuration of the Services, integrations or External Services,
• outages or changes to External Services,
• the actions of third parties,
• circumstances over which Mailnatives had no reasonable control.

Furthermore, Mailnatives shall not be liable for any business decisions, marketing results or economic benefits expected by the User when using the Services.

12.4 Indirect damage

To the extent permitted by law, Mailnatives shall not be liable for loss of profit, loss of business opportunities, loss of goodwill, business interruption or any other indirect or consequential damages.

This provision shall not apply in cases where liability cannot be excluded or limited in advance under the law.

12.5 Maximum extent of liability

Unless otherwise provided for by law, Mailnatives’ total liability for all damage arising from one or more related incidents shall not exceed the sum of the payments actually made by the User for the Services during the 12 months preceding the occurrence of the loss-causing event.

If the User has only used free Services, Mailnatives shall be liable only to the extent provided for by law.

12.6 Force Majeure

Neither party shall be liable for a breach of its obligations if such breach was caused by an extraordinary, unforeseeable and insurmountable obstacle arising independently of its will.

Such obstacles include, in particular, natural disasters, widespread infrastructure failures, armed conflicts, large-scale cyber-attacks, epidemics, decisions by public authorities or other similar events.

The contracting party invoking force majeure is obliged to inform the other party without undue delay, unless prevented from doing so by the extraordinary event itself.

12.7 Duty to prevent damage

Both contracting parties are obliged to take reasonable measures to prevent damage from occurring and to mitigate its consequences.

If the damage can reasonably be remedied or otherwise mitigated, the contracting parties undertake to act in such a way as to minimise its extent.

13. Term and Termination

13.1 Term

A contract concluded in accordance with these Terms and Conditions is entered into for an indefinite period, unless expressly stated otherwise in relation to a specific Service or in an individual contract.

The contractual relationship shall continue for the duration of the use of the Services or until its termination in accordance with this section.

13.2 Termination by the User

The User may terminate the contractual relationship at any time by deleting their User Account or by any other means permitted by the Platform.

Termination of the contractual relationship does not affect any obligations arising prior to such termination, in particular the obligation to pay for Services already provided or other outstanding liabilities.

13.3 Termination by Mailnatives

Mailnatives may terminate the contractual relationship or suspend the provision of Services, in particular if:

• the User materially breaches these Terms and Conditions,
• the User fails to remedy a detected breach of these Terms within a reasonable period despite being notified,
• the use of the Services poses a security risk or breaches legal regulations,
• the User is in long-term arrears with payments,
• Mailnatives terminates the provision of the relevant Service.

If circumstances so require, in particular for reasons of security, the protection of third-party rights or the fulfilment of legal obligations, Mailnatives may terminate or suspend access to the Services even without prior notice.

13.4 Effects of termination

On the date of termination of the contractual relationship, the User’s right to use the Services ceases to the extent that they are no longer provided.

Mailnatives may block access to the User’s account, deactivate the relevant Services or terminate access to their paid features.

13.5 Data following termination

Following the termination of the contractual relationship, Mailnatives may, for a reasonable period, allow the User to export their Data, provided that the nature of the Service permits this.

Once this period has elapsed, Mailnatives may delete or anonymise the User’s Data, unless its continued retention is required by law, the legitimate interests of Mailnatives or other contractual obligations.

13.6 Credit and payments

Termination of the contractual relationship does not entitle the User to a refund of any unused Credit, unless otherwise provided for by law or in an individual contract.

Termination of the contractual relationship does not affect the obligation to pay for Services already provided or other outstanding liabilities.

13.7 Provisions that remain in force

Termination of the contractual relationship shall not affect those provisions of these Terms and Conditions which, by their nature, are intended to survive such termination, in particular provisions relating to:

• payment obligations,
• data protection,
• intellectual property,
• liability,
• dispute resolution,
• confidentiality,
• rights to anonymised or aggregated data.

14. Changes to the Services, the Price List and these Terms and Conditions

14.1 Changes to the Services

Mailnatives continuously develops its Services and may expand, modify or change them to keep pace with technological developments, security requirements, changes in legislation or the needs of Users.

Such changes may include, in particular, the addition of new features, modifications to existing features, changes to the user interface, technical changes or the discontinuation of support for obsolete features.

Should a change significantly restrict the use of a paid Service, the User will be notified of this in an appropriate manner in advance, unless prevented from doing so by security, technical or legal reasons.

14.2 Changes to the Price List

Mailnatives may amend the Price List from time to time.

Changes to the Price List do not affect Services for which payment has already been made or Credit that has already been credited, unless expressly stated otherwise for a specific Service.

New prices shall apply from the effective date of the published Price List or from a later date specified in the Price List.

14.3 Changes to these Terms and Conditions

Mailnatives may amend these Terms and Conditions as appropriate, in particular for the following reasons:

• changes to legislation,
• the development or expansion of the Services,
• changes to technical or security requirements,
• changes to the business model,
• clarification or simplification of the contractual terms.

The current version of the Terms and Conditions will always be published on the Mailnatives website or on the Platform.

14.4 Notification of changes

Where a change to the Terms and Conditions is likely to materially affect the User’s rights or obligations, Mailnatives shall notify the User of such change in an appropriate manner prior to it taking effect, in particular via the Platform or by email.

Minor changes, in particular corrections of obvious errors, linguistic adjustments, updates to contact details or changes having no impact on Users’ rights and obligations, may take effect upon their publication.

14.5 Disagreement with changes

If a User does not agree with an amendment to the Terms and Conditions and the amendment substantially worsens their position, they may terminate the contractual relationship before the amendment takes effect.

If the User continues to use the Services after the changes come into effect, they shall be deemed to have agreed to the amended Terms and Conditions, unless otherwise provided for by law.

15. Final Provisions

15.1 Governing Law

These Terms and Conditions and the legal relationships arising therefrom shall be governed by the laws of the Czech Republic.

The application of conflict-of-laws rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded, insofar as permitted by law.

15.2 Dispute Resolution

The contracting parties undertake to seek an amicable resolution of any disputes.

If no agreement is reached, disputes shall be settled by the courts of the Czech Republic having subject-matter and territorial jurisdiction, unless otherwise provided for by law.

15.3 Severability of Provisions

Should any provision of these Terms and Conditions become invalid, ineffective or unenforceable, this shall not affect the validity or effectiveness of the remaining provisions.

The provision in question shall be replaced by a provision which, in terms of its purpose and meaning, best corresponds to the original intention and is in accordance with the law.

15.4 Communication

Unless otherwise specified, Mailnatives may deliver notifications via the Platform, by email or by any other appropriate electronic means.

The User is obliged to keep their contact details up to date and to regularly check the email address associated with their User Account.

15.5 Entire Agreement

These Terms and Conditions, together with the Privacy Policy, any Data Processing Agreement (DPA), the Price List and other documents to which these Terms and Conditions expressly refer, constitute the entire agreement between Mailnatives and the User regarding the provision of the Services.

In the event of any conflict between these documents, an individual contract, if concluded between the parties, shall prevail.

15.6 Effectiveness

These Terms and Conditions shall come into effect on 1 September 2023 and supersede all previous versions of the Terms and Conditions for the provision of Mailnatives Services.