Terms of Service

Last updated: 1.5.2025

1. Introduction and Acceptance

Welcome to Sendlix ("Company", "we", "us", or "our"). These Terms of Service ("Terms") govern your access to and use of our email marketing and communication services, website, and any related applications (collectively, the "Service").

Please read these Terms carefully before using our Service. By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Service.

2. Service Description

Our Service allows users to create, manage, and send email campaigns to their contacts. We provide tools for creating email content, managing contact lists, scheduling emails, tracking engagement, and analyzing performance metrics.

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We shall not be liable to you or to any third party for any modification, suspension, or discontinuation of the Service.

3. Account Registration and Security

To access our Service, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

You are responsible for safeguarding your password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

We reserve the right to disable any user account if, in our opinion, you have violated any provision of these Terms.

4. Email Communication and Anti-Spam Policy

4.1 Consent-Based Marketing
You agree to use our Service only for permission-based email marketing. This means you must have obtained explicit consent from all recipients before sending them emails through our Service. You are strictly prohibited from using purchased, rented, or third-party lists of email addresses without prior consent from the recipients.

4.2 Prohibited Email Practices
You agree not to use our Service to:

Send unsolicited commercial emails (spam)
Send emails to harvested or scraped email addresses
Send emails with misleading, deceptive, or falsified header information
Send emails with misleading or deceptive subject lines
Send emails that do not include a valid physical address and an unsubscribe mechanism
Send emails containing content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
Distribute malware, viruses, or any other malicious code
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity

4.3 Compliance with Laws
You must comply with all applicable local, state, national, and international laws and regulations regarding email communication, including but not limited to the CAN-SPAM Act, GDPR, CCPA, and other applicable privacy and anti-spam legislation.

4.4 Unsubscribe Mechanism
All emails sent through our Service must include a clear and conspicuous mechanism for recipients to unsubscribe or opt-out of future communications. You agree to promptly honor all unsubscribe requests and to not send further emails to unsubscribed recipients.

4.5 Monitoring and Enforcement
We reserve the right to monitor your use of our Service to ensure compliance with these Terms. We may suspend or terminate your access to our Service if we determine, in our sole discretion, that you have violated our anti-spam policy or any other provision of these Terms.

5. Payments, Billing, and Cancellation

5.1 Subscription Plans
We offer various subscription plans for our Service. The features, limitations, and pricing of each plan are described on our website. We reserve the right to modify our subscription plans and pricing at any time.

5.2 Payment Methods
We accept payment via credit card, debit card, and other payment methods as indicated on our website. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge your payment method for the total amount of your subscription or purchase, including any applicable taxes and fees.

5.3 Billing Cycle
Subscription fees are billed in advance on either a monthly or annual basis, depending on the subscription plan you select. Unless otherwise specified, your subscription will automatically renew at the end of each billing cycle.

5.4 Credit Card Information
We do not store full credit card information on our servers. All payment processing is handled by our third-party payment processors, who maintain industry-standard security measures to protect your payment information.

5.5 Refund Policy
All purchases are final and non-refundable, except as required by applicable law or as explicitly stated in our refund policy. If you believe you are entitled to a refund, please contact our customer support.

5.6 Cancellation
You may cancel your subscription at any time through your account settings or by contacting our customer support. Upon cancellation, your subscription will remain active until the end of your current billing period, after which it will not be renewed.

5.7 Free Trials
We may offer free trials of our Service. At the end of any free trial period, you will be automatically charged for the subscription plan you selected unless you cancel before the end of the trial period.

5.8 Price Changes
We reserve the right to adjust pricing for our Service at any time. If the pricing for your subscription changes, we will notify you before the change takes effect.

5.9 Prepayment
Some subscription plans may require prepayment for a specified period. If you choose a prepaid plan, you agree to pay the subscription fees in advance for the entire prepayment period. Prepaid fees are non-refundable, except as required by applicable law.

6. User Content and Ownership

6.1 User Content
Our Service allows you to create, upload, store, and share content, including but not limited to text, images, logos, and other materials (collectively, "User Content"). You retain all rights to your User Content.

6.2 License Grant
By uploading User Content to our Service, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute your User Content solely for the purpose of providing and improving the Service.

6.3 Responsibility for User Content
You are solely responsible for all User Content that you upload, post, email, transmit, or otherwise make available through our Service. You represent and warrant that:

You own or have the necessary rights to use and authorize us to use your User Content as described in these Terms
Your User Content does not violate any third-party rights, including intellectual property rights and privacy rights
Your User Content complies with these Terms and all applicable laws and regulations

6.4 Monitoring and Removal of Content
We do not monitor or control the User Content posted via our Service and are not responsible for such User Content. However, we reserve the right to remove any User Content that violates these Terms or that we deem, in our sole discretion, to be illegal, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable.

7. Intellectual Property Rights

7.1 Our Intellectual Property
Our Service and its original content, features, and functionality (excluding User Content) are and will remain the exclusive property of Sendlix and its licensors. The Service is protected by copyright, trademark, and other laws of both the Germany and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

7.2 Feedback
If you provide us with any feedback, suggestions, or ideas regarding our Service ("Feedback"), you grant us a perpetual, irrevocable, non-exclusive, royalty-free right to use such Feedback for any purpose without compensation to you.

8. Data Privacy and Security

8.1 Privacy Policy
Our Privacy Policy governs our collection, use, and disclosure of your personal information. By using our Service, you consent to the collection and use of information as described in our Privacy Policy.

8.2 Data Security
We implement reasonable security measures to protect your data. However, no method of transmission over the Internet or electronic storage is 100% secure, and we cannot guarantee absolute security.

8.3 Contact Data
You are responsible for maintaining the confidentiality and security of your contact lists. You represent and warrant that you have obtained all necessary consents and permissions to share your contacts' information with us and to send them emails through our Service.

8.4 Third-Party Services
By using our platform, you explicitly consent to the use of Google reCAPTCHA and Google Analytics. Google reCAPTCHA is used to protect our Service from spam and abuse. Google Analytics is used to analyze user behavior and improve our Service. The use of these services involves the transfer of data to Google servers and is subject to Google's privacy policies. For more detailed information on how these services process your data, please refer to our Privacy Policy available at/legal/privacy-policy.

9. Limitation of Liability

9.1 Disclaimer of Warranties
OUR SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9.2 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Sendlix, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, OUR SERVICE.

9.3 Cap on Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS OR OUR SERVICE SHALL BE LIMITED TO THE TOTAL AMOUNT PAID BY YOU TO Sendlix IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.

9.4 Exclusive Remedy
YOUR EXCLUSIVE REMEDY FOR DISSATISFACTION WITH OUR SERVICE IS TO STOP USING THE SERVICE.

10. Indemnification

You agree to indemnify, defend, and hold harmless Sendlix, its affiliates, officers, directors, employees, agents, and licensors from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, your User Content, any use of the Service's content, services, and products other than as expressly authorized in these Terms.

11. Termination

11.1 Termination by You
You may terminate your account and subscription at any time by following the cancellation procedures described in Section 5.6.

11.2 Termination by Us
We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach any provision of these Terms.

11.3 Effect of Termination
Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11.4 Data Retention After Termination
Following termination or deactivation of your account, we may retain your information for a commercially reasonable time for backup, archival, or audit purposes. Any data retention will be conducted in accordance with our Privacy Policy.

12. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

13. Governing Law and Dispute Resolution

13.1 Governing Law
These Terms shall be governed and construed in accordance with the laws of Germany/Bavyera, without regard to its conflict of law provisions.

13.2 Waiver of Class Action
ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION.

14. General Provisions

14.1 Entire Agreement
These Terms constitute the entire agreement between you and Sendlix regarding our Service and supersede any prior agreements between you and Sendlix regarding the Service.

14.2 Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

14.3 Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may assign or transfer these Terms without restriction.

14.4 Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

14.5 Force Majeure
We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

15. Account Termination for Harmful Actions

15.1 Immediate Termination
We reserve the right to immediately suspend and permanently terminate your account without prior notice if we determine, in our sole discretion, that you have attempted to cause harm to our company, our Service, our reputation, or our business operations in any way.

15.2 Prohibited Actions
Actions that may result in immediate and permanent account termination include, but are not limited to:

Initiating fraudulent credit card chargebacks after receiving services
Attempting to defraud or abuse our payment systems
Deliberately submitting false information to damage our reputation
Engaging in any form of denial of service attacks against our infrastructure
Attempting to gain unauthorized access to our systems or other users' accounts
Deliberately violating our anti-spam policies with malicious intent
Using our Service to distribute harmful content with intent to damage our reputation

15.3 No Refunds
In cases of account termination due to harmful actions, you will not be entitled to any refund for prepaid services, and we reserve the right to pursue legal action and seek damages as appropriate.

15.4 Reporting Requirements
If you believe your account has been terminated in error, you may submit a written appeal to our customer support with detailed information about your case. We will review your appeal within a reasonable timeframe, but we are under no obligation to restore terminated accounts.

16. Contact Us

If you have any questions about these Terms, please contact us at:

Email: info@sendlix.com

Website: sendlix.com

Address: Badstraße 1, 91220 Schnaittach, Germany

Phone: +49 1575 5971280

By using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

Thank you for choosing Sendlix!

Sendlix Team