1. Acceptance of Terms
By creating an account or using SmartMailing, you agree to these Terms of Service. If you do not agree, do not use the service.
Our Privacy Policy explains how we handle personal data. When you use SmartMailing to process personal data of other people (your subscribers, the recipients of your emails, the people who reply to you or fill in your forms, and the reviewers you invite), our Data Processing Agreement applies and forms part of these Terms.
2. Description of Service
SmartMailing is an email-marketing platform. It lets you design emails with an AI-assisted editor, manage subscribers and consent records, send campaigns and automated sequences, send transactional email through an API, run hosted subscribe, preference and unsubscribe pages, handle replies, and review results. The features available to you depend on your plan.
3. User Accounts
You are responsible for maintaining the security of your account. You must provide accurate information when creating an account. One person or entity may not maintain more than one account.
You must be at least 18 years old and legally able to enter into a binding contract to create an account or use SmartMailing. If you use SmartMailing on behalf of a business or other organization, you confirm that you have the authority to act for it and to accept these Terms on its behalf, and "you" in these Terms includes that organization. If we learn that an account is held by someone under 18, we will close it.
4. Acceptable Use Policy
SmartMailing sends email through third-party delivery providers (Amazon SES for all customer sending; Resend for SmartMailing's own account and service emails and for test and preview sends). To protect the deliverability of every customer on the platform, you agree to the rules in this section. Violations may result in immediate suspension or termination of your account, without refund.
4.1 Consent required
You may only email people who gave you explicit permission to send them marketing email. Purchased, scraped, rented, or harvested lists are forbidden. For European recipients, double opt-in (DOI) is required and the platform enforces it by default.
Campaign emails sent through the platform can track opens (via an invisible image) and clicks (via rewritten links). You choose per brand whether to measure everyone, only recipients who agreed, only recipients who agreed in the EU, EEA and UK plus everyone elsewhere, or nobody. Where agreement is required the platform leaves the tracking image and link rewriting out for every recipient who has not agreed, except recipients collected before 14 April 2026 who received a one-time information notice and did not object within 14 days; in every setting it leaves them out for recipients who have refused. In the regional setting the platform decides by the country stored for each recipient (derived from the sign-up IP address or supplied by you); you are responsible for the accuracy of countries you supply. Measured emails carry a "Tracking preferences" link next to the unsubscribe link, where recipients can change their answer at any time without unsubscribing. Transactional emails and replies sent through the platform to messages from recipients are never measured. You are the controller of your recipients' data and are responsible for telling them about this measurement in your privacy notice and for obtaining their consent where the law of their country requires it; in particular, the French and Italian data-protection authorities require prior consent for open-tracking pixels in marketing emails from 2026. Your subscribe forms must link to your privacy notice.
4.2 Prohibited content
You may not use SmartMailing to send any of the following:
- Spam (mass, non-personalized, unsolicited messages without prior consent)
- Phishing or fraudulent emails impersonating a person or business
- Illegal goods or services, or content promoting illegal activity
- Malware, viruses, or any malicious code
- Harassment, intimidation, or threats directed at any individual or group
- Pornography or sexually explicit content
- Escort services
- Pharmaceutical products
- Gambling services or products
- Multi-level marketing or pyramid schemes
- "Get rich quick" opportunities
- Credit repair or get-out-of-debt programs
- Short-term / payday loan services
- List brokers, list rental services, or sale of mailing lists
- Selling "likes," followers, or social-media engagement
- Anything that violates the CAN-SPAM Act, the GDPR, the Austrian Telekommunikationsgesetz (TKG §174), or other applicable laws
- Any content that, in our sole discretion, harms our or our delivery provider's reputation
4.3 Required email elements
Every campaign email you send through SmartMailing must include:
- A clear sender identity (brand name) the recipient recognizes
- Your physical postal address (or your company's)
- A frictionless one-click unsubscribe link (the platform inserts this automatically)
- An honest, non-deceptive subject line
4.4 Deliverability thresholds
Your sending performance must stay within the following thresholds. If your brand exceeds any of these, we will pause your sending and require remediation (typically: list cleaning, re-confirmation of consent, content review).
- Spam complaint rate must remain below 0.08% over any 30-day window. (Amazon SES, our delivery provider, reviews sending accounts at 0.1%.)
- Hard bounce rate must remain below 3% over any 7-day window. (Amazon SES reviews sending accounts at 5%.) Both rates count once a brand has sent at least 100 emails in the window.
- Unsubscribe rate consistently above 1% per campaign is a warning sign and may trigger a review.
If your account triggers the delivery provider's thresholds before ours (for any reason, whether sudden volume spikes, spam-trap hits, or abusive content), the provider may suspend our service for your traffic without notice; we will pass that suspension to your account.
4.5 Verified sending domain
Production campaign sending requires a verified DKIM-aligned domain you own. Set this up via the Sending Domains section of the dashboard. Sending without a verified domain is restricted to limited test volumes and may be disabled at any time.
4.6 Account creation and quotas
You may not create multiple accounts to circumvent quotas, rate limits, suspension, or any other restriction we impose. We may detect and merge or terminate such accounts.
4.7 Service interference
You may not use SmartMailing in any way that could disable, overload, damage, or impair the service or any infrastructure it depends on, including but not limited to attempts to circumvent rate limits, scraping the platform, or running automated scripts against our APIs at abusive volumes.
4.8 Suspension and termination
We reserve the right to suspend or terminate your account at any time for violation of this Acceptable Use Policy. Depending on the severity and your cooperation, we may attempt to work with you before any disruption. Refunds will not be issued for breaches of this policy, and quota usage already consumed before suspension is non-refundable.
4.9 Uploaded files are hosted at public links
Images and files you upload, and images extracted from websites at your request, are stored on our file hosting and delivered from public web addresses so that email clients and browsers can display them. Anyone who has a link can open the file. You must not upload files that contain other people's personal data, confidential information or content you have no right to distribute, and you are responsible for the files you host through the service. You can delete a file at any time.
5. Plans, Pricing and Payment
SmartMailing offers a free plan and one or more paid plans. The features, usage limits, and price of each plan are shown on our pricing page and may change as described below.
All prices are stated in euro (EUR). SmartMailing is operated by a small business (Kleinunternehmer) under §6 Abs 1 Z 27 of the Austrian VAT Act (UStG) and is currently exempt from value-added tax, so no VAT (USt) is added to our prices. If our tax status changes, applicable VAT may be added to future charges with prior notice.
Paid plans are billed through our payment processor, Stripe. By subscribing to a paid plan you authorize us, through Stripe, to charge your chosen payment method the plan fee for the billing period you select and for each automatic renewal, until you cancel. Fees for each period are charged in advance, at the start of the period. You are responsible for keeping a valid payment method on file.
6. Automatic Renewal and Price Changes
Paid subscriptions renew automatically. At the end of each billing period your plan renews for another period of the same length (a monthly plan renews every month, an annual plan renews every year) and your payment method is charged automatically at the then-current price for your plan. This continues until you cancel.
We send a receipt for every charge. You can see your plan, your renewal date, and your billing history at any time under Account, then Manage subscription.
Before an annual plan renews, we send a reminder to your account email at least 7 days ahead, stating the renewal date, the amount that will be charged and how to cancel. Monthly plans renew on the same day each month; the renewal date is shown in your billing portal and on every receipt. Keep your account email address current, because renewal reminders, receipts and payment-failure notices are sent there.
We may change plan prices or what a plan includes. If a change would increase the price you pay or materially reduce what your plan includes, we will notify you by email at least 30 days before it takes effect, and it will apply from your next renewal. If you do not agree, you can cancel before it takes effect. Continuing on a paid plan after the change takes effect means you accept the new price or terms.
7. Cancellation
You can cancel a paid plan at any time, with no cancellation fee, in two ways: from your dashboard under Account, then Manage subscription (which opens the billing portal), or by emailing [email protected]. Cancellation is at least as easy as subscribing was.
Cancellation stops future renewals. It takes effect at the end of the billing period you are currently in. You keep full access to your paid plan until the end of that period, and you are not charged again afterwards.
We do not prorate or refund the period that has already been billed. If you cancel partway through a month or year you have already paid for, that period stays billed, you keep access for the rest of it, we do not refund the unused part, and we do not charge you for the next one. When the paid period ends, your account moves to the free plan. Cancelling a paid plan does not delete your account or your data; to delete your account entirely, use "Delete my account" (see our Privacy Policy for what that removes and what we must retain). Deleting your account cancels a paid plan immediately, without a refund of the period already billed.
If a renewal payment fails, we may retry it and ask you to update your payment method. If payment still cannot be collected, we may downgrade you to the free plan or suspend paid features after reasonable notice. You remain responsible for amounts due for any period in which you used a paid plan.
You can export your subscribers, consent records, templates and account data at any time, in machine-readable form and free of charge, whether or not you cancel. We do not charge switching fees and do not obstruct a move to another provider.
8. Refunds and Your Statutory Rights
General policy. Paid fees are non-refundable. This includes the current billing period after a cancellation, partial periods, and unused allowances or quota. We do not give prorated or partial refunds for cancellations, downgrades, or periods you did not use. Where you contract with us as a business (Unternehmer), this policy applies in full and the statutory consumer rights below do not apply to you.
Erroneous or duplicate charges. If you are charged in error, for example a duplicate charge or a renewal that should not have happened, contact us and we will put it right.
Goodwill. We may, at our sole discretion, offer a refund or account credit in individual cases (for example a prolonged outage). Doing so once does not entitle you to it again and does not change the general policy.
Consumers: right of withdrawal (EU/EEA). If you are a consumer (Verbraucher) resident in the EU/EEA, you have a statutory right to withdraw from a distance contract within 14 days under the Austrian Fern- und Auswärtsgeschäfte-Gesetz (FAGG). Because we give you access immediately:
- When you subscribe, you expressly ask us to begin providing the service straight away, before the 14-day period ends, and you acknowledge this.
- You can still withdraw within 14 days by telling us clearly (for example, an email to [email protected]). You may use the statutory model withdrawal form, but you do not have to.
- If you withdraw after asking us to start immediately, you pay a proportionate amount for the part of the service already provided up to your withdrawal, and we refund the balance within 14 days to your original payment method.
- The right of withdrawal ends once the service has been fully performed within that period.
Consumers: statutory warranty. Nothing in these Terms limits the mandatory warranty and other rights you have as a consumer under Austrian law (including the Verbrauchergewährleistungsgesetz and the ABGB) if the service is defective. These rights apply regardless of our refund policy.
9. Intellectual Property
You retain ownership of all email templates and content you create using SmartMailing. We do not claim any rights over your content. The SmartMailing platform, branding, and code remain our intellectual property.
You are responsible for having all rights and permissions for the content you use with SmartMailing, including images and any people, logos or places shown in them.
So that we can provide the service, you grant us a non-exclusive, worldwide licence to host, store, reproduce, transmit and display your content, including serving uploaded images from public links and delivering your emails and hosted pages, for the sole purpose of operating the service for you. The licence ends when you delete the content or your account, except for copies in backups for the retention period stated in our Privacy Policy.
10. AI-Generated Content
Content generated by our AI features is provided as-is. You are responsible for reviewing and editing AI-generated content before use. We do not guarantee the accuracy or appropriateness of AI outputs.
11. Service Availability
We strive to keep SmartMailing available at all times but do not guarantee uninterrupted access. We may perform maintenance or updates that temporarily affect availability.
12. Limitation of Liability
SmartMailing is provided "as is" without warranties of any kind. We are not liable for any damages arising from your use of the service, including but not limited to lost data, revenue, or business opportunities.
13. Changes to Terms
We may update these terms from time to time. Continued use of SmartMailing after changes constitutes acceptance of the updated terms.
14. Contact
For questions about these terms, reach out to us at [email protected].