Terms of Service
2 years ago

Terms of Service

Version 1.4, Revision 12

§ 1 Objective scope and object of the

The following conditions (the “General Contractual Conditions”) apply to the use and operational support of standard software programs (the “Software”), which are manufactured by Lennart Guth, hereinafter referred to as MailMergic, and provided as software-as-a-service via the internet.
The subjects of the contract are:

  • the provision of software programs listed at for use over the Internet and
  • the storage of customer data on data servers

Individually developed software programs are not the subject of this contract.

§ 2 Type and scope of the services

The type and scope of the mutual services are regulated by the contractual agreements. The scope of services defined in the contract is deemed to be the agreed quality. The decisive factors are:

  • the defined scope of services of the software listed in the contract, that in the
  • User documentation is set
  • the suitability for the use assumed in the contract,
  • the conditions laid down in the contract,
  • the following conditions,
  • Generally applied technical guidelines and technical standards, in particular also the international standards and proposals of the Internet Engineering Task Force (IETF), as documented in the Request-for-Comments (RFC), and the W3C (World Wide Web Consortium).

In the event of discrepancies, the contractual agreements apply in the above order.

Further conditions, in particular general terms and conditions of the contractual partner, do not apply, even if MailMergic does not expressly contradict them. Only the General Terms and Conditions of MailMergic apply.

§ 3 Terms of use

3.1. Customer rights to the software

MailMergic grants the customer a non-exclusive, non-transferable and non-sublicensable right to use the software mentioned in the contract and the associated user documentation for the duration of the contract. The software is provided over the Internet. The transfer point for the SaaS services is the router exit of the data center used by MailMergic to the Internet. The customer undertakes to use the software exclusively in accordance with the contract and neither to pass it on to third parties nor to make it accessible to third parties in any other way. The customer is not entitled to “reverse engineer”, decompile, disassemble, reproduce or use any part of the software to create a separate application.

The customer hereby acknowledges MailMergic as the sole licensor of the software and the associated copyrights. MailMergic’s rights as sole licensor also refer to extensions of the software provided by MailMergic to the customer, unless this is regulated otherwise in writing.

The customer hereby recognizes MailMergic’s brand, name and patent rights in relation to the software and the associated documentation. The customer may not remove, change, or otherwise modify copyright information or other similar proprietary notices in the programs and the associated documentation.

3.2. Rights of the customer to the data

The data recorded, processed and generated by the software are stored on the servers of the data center. In any case, the customer remains the sole owner of the data and can therefore request MailMergic to return individual or all data at any time, in particular after termination of the contract, without MailMergic’s right of retention. The data is released by electronic transmission over a data network or, by separate agreement, by handing over data carriers. The customer is not entitled to receive the software suitable for using the data.

3.3. Responsibility of the Users in relation to personal data

As creators of the uploaded files, the Users are responsible for the processing of the personal data appearing in those files within the meaning of the applicable regulations. As such, if the Users are domiciled in the European Union, or if their distribution lists contain personal data of citizens of the European Union, the User guarantees to MailMergic that they shall comply with the provisions of Regulation No. 2016/679 of 27 April 2016 (the “GDPR”) as well as those of Law No. 78-17 of 6 January 1978 Information Technology, Data Files and Civil Liberties, and in particular:

  • that the personal data contained in the files transmitted have been collected and processed in compliance with the applicable regulations;
  • that the Users have informed the data subjects in accordance with the applicable rules;
  • where appropriate, that the collection and processing have been consented to by the data subjects;
  • that the data subjects shall be allowed to exercise their rights in accordance with the applicable rules;
  • that the Users undertake that the information will be rectified, completed, clarified, updated or deleted if it is inaccurate, incomplete, ambiguous or out of date, or if the data subject wishes to prohibit its collection, use, communication or storage.

It is specified that the Users are solely responsible for managing the retention periods of personal data that they upload onto the MailMergic platform, and that it is incumbent on them to delete the data as and when its retention period expires. MailMergic is responsible only for deleting this data at the end of its contractual relationship with the Users.

In addition, the Users shall undertake not to include in the files uploaded onto the MailMergic platform any personal data known as “sensitive” within the meaning of Article 9 of the GDPR, and in particular no health data, but also no data relating to criminal convictions and offences, any social security number, or any bank card number. MailMergic can in no way be held responsible for the presence of such personal data on its platform, and the consequences that could result therefrom. In the event of a violation of this clause, the User shall be solely responsible for any consequences, and undertakes to guarantee, and if necessary indemnify, MailMergic.

3.4 Zero Tolerance Policy Towards Spam

At MailMergic, we believe that any email or other solicitation must be legitimate and expected by their recipients. 

That’s why we expect our customers to follow a few basic but mandatory rules when using our product and Services. In this regard, you must be sure to read and accept those rules before creating an account and starting using one of our Services. In any case, these terms and conditions apply as soon as you create an account and/or start using our product and Services and shall be binding during our entire business relationship. They form an integral part of the General Conditions of Use of MailMergic Services and apply to all MailMergic Users.

Since a part of our Services are shared between many of our Users, such as IPs/domains for email sending, we must ensure that nobody’s behavior or use of the Service is negatively impacting other Users. To avoid incidents on our shared infrastructure and provide a quality of Services up to our standards for all Users, we have to impose some restrictions on the usage of our platform.

As a consequence, non-compliance with our current Anti-spam Policy may result in the immediate suspension or restriction of your entire account or of certain services from your account, to prevent any damage to our reputation or to the global efficiency of our Services, in accordance with the suspension process described in our General Conditions of Use.

As described before, at MailMergic we believe that emails have to be expected by the recipients. That’s why the following rules must apply. These rules are not exhaustive and MailMergic reserves the right to suspend the Account of its Users for any behaviors that are likely to impact the efficiency of the Service.

As a consequence, non complying with our current Anti-spam Policy may result in the immediate suspension or restriction of your entire account or of certain services from your account, to prevent any damage to our reputation or to the global efficiency of our Services.

3.4.1 Prohibited content such as, but not limited to
  • Illegal activities
  • Illegal drugs
  • Counterfeit products, including drugs/medicines
  • Hacking programs
  • Instructions for assembling or creating bombs
  • Explosives or other weapons (whether or not it is a firearm)
  • Materials containing violence against children or which encourages violence
  • Any messages violating anti-spam laws such as, but not limited to CAN-SPAM, GDPR, LGPD, CASL
  • Hate speech and any forms of prohibited language (defamation, insult, slander, disparagement etc)
3.4.2 Content and industries not accepted on our platform

Over years of experience, we have noticed that some activities, despite not being strictly considered as illegal, generate very bad signals and a higher abuse/complaints rate than the usual average. To maintain the level of our services up to our standards for all customers, we have decided not to accept the following topics and industries anymore:

  • Exchange of currencies, fraudulent shares and stock market transactions
  • Home job offers making “get rich fast” promises, offers to make money passively or with no effort, financial packages and pyramid schemes
  • Sexually explicit pornography or e-commerce
  • Remedies for erectile problems
  • Bulk hiring solicitation (job boards sending to the largest amount of candidates as possible without any smart segmentation, candidate bulk sending job applications to companies)
  • Lists of a political character (consular, government lists, etc.) containing addresses of individuals who have not given their explicit consent to receive communications from an identified advertiser. The fact that an email address was given to a Consulate or Embassy shall not be considered as proof of an undertaking to opt-in.
  • Politically sensitive topics
  • Initial Coin Offering (ICO)
  • All forex trading related
  • Debt collection
  • Promote violence against or hate speech or directly attack or threaten other people
  • Misinformation (“Fake news”)
  • Security services doing “phishing simulations”
3.4. Violation of the terms of use

In the event of violations of the conditions of use mentioned, MailMergic is entitled to terminate the contract in whole or in part without notice. In this case, MailMergic also reserves the right to assert claims for damages against the customer resulting from the breach of contract. It is at MailMergic’s discretion whether any payments already made will be refunded in full, in part or not at all.

3.5. Contract duration and termination

The minimum term for the provision of the SaaS service is 1 month. The contract period is automatically extended for another month if there is no cancellation. The amounts are collected from the most recently saved direct debit or credit card data.

MailMergic is entitled to terminate for an important reason, especially in the case of failed direct debits or credit card collections.

If the account remains inactive for more than 180 consecutive days (i.e. no login, no active subscription on a paid plan), we reserve the right to irrevocably delete all data related to the account (including template data, files, user/login data). With the deletion the contract is also terminated without further notification.

§ 4 Maintenance conditions and service level

4.1. Further developments / performance changes

MailMergic reserves the right to make further developments and changes in performance (e.g. by using newer or different technologies, systems, processes or standards) in the course of technical progress and performance optimization after the contract has been concluded. In the event of significant changes in performance, MailMergic will notify the customer in good time. If there are significant disadvantages for the customer as a result of the service changes, the customer is entitled to extraordinary termination of the contract on the date of the change. The customer must terminate the contract within two weeks of receiving notification of the change in service.

When new versions of the software are made available, MailMergic grants the customer the rights listed in Section 3 for the respective new version.

4.2. System operation

MailMergic ensures that the software provided is operated in an environment and configuration suitable for the customer’s requirements and on hardware suitable for the customer’s intended use. This includes the number and type of servers, regular backups, scalability, power supply, air conditioning, firewalling, virus checking, broadband internet connection.

4.3. System availability

The availability of the data center network at the router exit on the Internet is 99% annual average. The client-side connection to the Internet is the responsibility of the customer. This is not part of the SaaS scope of services. The downtime is determined in full minutes and is calculated from the sum of the fault clearance times per
year. This does not include the periods that MailMergic identifies as so-called maintenance windows for optimization and performance enhancement, as well as loss of time in troubleshooting due to reasons beyond MailMergic’s control and failures due to force majeure.

4.4. System availability disorders

Disruptions to system availability must be reported by the customer immediately after becoming known. Before reporting the fault, the customer must check his area of responsibility. In the case of fault reports that are received within the support times, the fault clearance begins within two hours. In the case of fault reports that
are received outside of support hours, the fault clearance begins on the following working day. Delays in fault elimination for which the customer is responsible (e.g. due to the unavailability of a contact person on the customer side) are not counted towards the fault elimination time.

§ 5 Warranty

According to the state of the art, it is not possible to exclude software errors under all application conditions. MailMergic guarantees, however, that the software named at can be used in principle. The limitation period is one year.

Errors in the software and the associated documentation will be remedied by MailMergic free of charge within a reasonable period. A prerequisite for this claim to rectification is that the error is reproducible. MailMergic can either rectify or deliver a replacement to fulfill the warranty obligation. In particular, MailMergic can provide the customer with a new version of the software to fulfill the warranty obligation. It is the same as troubleshooting if MailMergic provides an alternative solution to the faulty function that allows the customer to use it in accordance with the contract.

Warranty claims are excluded if the software is not used in accordance with the contract. Furthermore, warranty claims are excluded if the customer makes changes or extensions to the software mentioned in the contract, unless the customer can prove that the errors are not causally related to the changes or extensions.

If a major program error is not remedied by MailMergic in accordance with the conditions mentioned, the customer can request a reduction in the monthly SaaS fee. MailMergic has the same right if the production of the error correction is not possible with reasonable effort. If it turns out in the course of the troubleshooting that the problems are due to operating errors or improper use by the customer, MailMergic can demand an appropriate remuneration for the effort incurred.

MailMergic does not guarantee the fulfillment of the customer’s individual requirements by the software named in the contract. This applies in particular to the failure to achieve the desired economic success. Warranty claims against MailMergic are only available to the direct customer and cannot be assigned.

§ 6 Limitation of liability

Claims for damages due to breaches of duty arising from contractual obligations and tortious acts can only be asserted against MailMergic and their vicarious agents and vicarious agents if intentional or grossly negligent behavior can be proven. The aforementioned exclusion of liability does not apply to the breach of essential contractual obligations (cardinal obligations). MailMergic’s liability for warranted properties, personal injury and mandatory statutory provisions also remains unaffected. MailMergic is not responsible for service disruptions due to force majeure, in particular the failure or overloading of global communication networks. For this reason, the customer cannot claim a reduction in his performance obligation. MailMergic is not liable for the information published via its services. The sender is responsible for their correctness, completeness and topicality. MailMergic is not liable for damages that may arise on the customer side due to inadequate security precautions during data transmission. A possible liability for damages is limited to the amount of the annual fee. Liability for damage resulting from data loss is limited to the amount that would have arisen if data had been backed up properly, but not more than the annual fee. Claims for damages by the customer become statute-barred one year after they arise, irrespective of the provision of Section 202 BGB. This abbreviation does not apply if MailMergic has acted with gross negligence or with intent.

§ 7 Remuneration

A monthly fee agreed in the contract is charged for the SaaS services. The fees incurred will be invoiced in advance.

§ 8 Terms of payment

Payments are made by direct debit or credit card clearing. If the payment deadline is exceeded, benefits may be restricted in the event of default.

The customer is not entitled to offset claims against MailMergic, unless they are legally established claims or claims recognized by MailMergic in writing.

§ 9 Confidentiality, data protection

The contracting parties undertake to keep the knowledge gained in the context of the contractual object – in particular technical or economic data and other knowledge – secret and to use it exclusively for the purposes of the object of the contract.

This does not apply to information that is publicly accessible or that becomes publicly accessible without unauthorized action or omission by the contracting parties or that must be made available due to a court order or a law. In the case of support support for customer problems, it may be necessary to access customer records. Access can be via a web meeting with the customer or via database analysis. This access is limited to the period of the respective support measure.

If personal data has to be processed within the scope of the contractual object, MailMergic and the customer will comply with the legal data protection regulations.

MailMergic advises the customer in accordance with the Federal Data Protection Act (BDSG) that customer data is stored.

§ 10 Severability clause

Should a provision of these terms and conditions be ineffective, the effectiveness of the remaining provisions is not affected.

§ 11 Interpretation

These Terms were written in German. To the extent any translated version of this Agreement conflicts with the German version, the German version controls.

§ 12 Applicable law, place of jurisdiction

German law applies. The place of jurisdiction for all disputes arising from the contractual relationship between the parties is Frankfurt am Main, Germany.

§ 13 Right of withdrawal

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason.

The cancellation period is fourteen days from the day the contract is concluded.

In order to exercise your right of withdrawal, you must inform us (RentMozart, Lennart Guth, Bahnstraße 19a, 65843 Sulzbach, Germany or [email protected]) by means of a clear declaration (e.g. a letter sent by post, fax or E-mail) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, but this is not mandatory:

Sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back to us).

  • To: MailMergic, Lennart Guth, Bahnstraße 19a, 65843 Sulzbach, Germany.
  • I hereby revoke the contract I have entered into for the provision of the following service:
  • Ordered on:
  • Name of consumer:
  • Address of consumer:
  • Signature of consumer (only in case of communication on paper):
  • Date:

You can also electronically fill out and submit the model withdrawal form or another clear declaration on our website If you make use of this option, we will immediately send you a confirmation (e.g. by email) that we have received such a revocation.

To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.

Consequences of withdrawal

If you withdraw from this contract, we will have given you all the payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.

If you have requested that the services should begin during the cancellation period, you have to pay us a reasonable amount, which corresponds to the proportion of the services already provided up to the point in time at which you inform us of the exercise of the right of cancellation with regard to this contract Compared to the total scope of the services provided in the contract.