Scope

These Terms and Conditions (T&C) apply to all contracts between AdSimple GmbH (hereinafter "Provider") and the customer for the use of the Mailaura service.

Deviating terms and conditions of the customer are not recognized unless the Provider expressly agrees to their validity in writing.

Provider

AdSimple GmbH

Fabriksgasse 20

2230 Gänserndorf, Österreich

VAT ID: ATU72856279

Company Register: FN 64500 d

Service Description

Mailaura is a cloud-based newsletter and email marketing platform. The scope of services depends on the selected plan and includes:

Email creation with drag-and-drop editor
Contact management and segmentation
Campaign sending and scheduling
Analytics and reporting
AI-powered features (depending on plan)

Registration

The use of Mailaura requires registration. The customer undertakes to provide truthful information and to keep it up to date.

The customer is responsible for the security of their access data and is liable for all activities under their account.

Prices and Payment

Current prices are available on the website. All prices are net plus applicable VAT.

Payment is made in advance by credit card or SEPA direct debit. With annual payment, we grant a discount of 2 months.

In case of payment default, we are entitled to block access to the service.

Free Plan

The free plan is available indefinitely but with limited functionality.

We reserve the right to discontinue or modify the free plan at any time. Existing users will be notified at least 30 days in advance.

Cancellation

Paid subscriptions can be cancelled at any time at the end of the current billing period.

Cancellation is done via the customer portal or by email to support@mailaura.io. Amounts already paid will not be refunded.

Customer Obligations

The customer undertakes to:

Only send emails to recipients who have given their consent
Comply with applicable data protection laws (GDPR)
Not send spam emails
Respect the terms of use of email providers
Not distribute illegal content

Prohibited Content

The following content is not permitted:

Illegal content of any kind
Pornographic or violence-glorifying content
Discriminatory or hateful content
Misleading or fraudulent content
Content that violates third-party rights

Liability

The Provider is liable without limitation for intent and gross negligence. In case of slight negligence, the Provider is only liable for breach of essential contractual obligations and limited to the typical, foreseeable damage.

Liability for indirect damages, lost profits and data loss is excluded in case of slight negligence.

Data Protection

The Provider processes personal data in accordance with the GDPR. A Data Processing Agreement (DPA) is concluded for the processing of customer data on behalf.

Further information can be found in our Privacy Policy

Changes to Terms

The Provider reserves the right to change these T&C at any time. Changes will be communicated to the customer at least 30 days before they take effect. If the customer does not object within 30 days, the changed T&C are deemed accepted.

Applicable Law

Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods.

The place of jurisdiction for all disputes is Korneuburg, Austria, if the customer is a business.

Severability Clause

Should individual provisions of these T&C be invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision that comes closest to the economic purpose.

Contact

If you have any questions about these T&C, please contact us at:

support@mailaura.io