Terms of Service

Mailthy is offered exclusively to entrepreneurs within the meaning of § 14 of the German Civil Code (BGB), traders, freelancers and public institutions. No contract is concluded with consumers.

1. Scope and contracting parties

(1) These terms apply to all contracts for the use of the Mailthy software between Max Tissen, Otto-Dill-Straße 9, 66901 Schönenberg-Kübelberg, Germany (hereinafter "Provider") and the customer.

(2) Deviating or supplementary terms of the customer do not become part of the contract, even if the Provider does not expressly object to them.

(3) On conclusion of the contract, the customer confirms that it is entering into the contract in the exercise of its commercial or independent professional activity.

2. Subject matter of the service

(1) The Provider makes available to the customer, over the internet, software that automatically analyses incoming business emails, categorises them, suggests responsibilities, extracts structured information, assigns projects and generates draft replies. The software is operated on the Provider's infrastructure; no copies of the program are supplied.

(2) The specific scope of the service follows from the service description valid at the time the contract is concluded and from the plan chosen.

(3) The Provider may develop the service further and change individual functions, provided the contractual benefit is not materially restricted. The Provider announces material restrictions at least six weeks in advance in text form; in that case the customer may terminate the contract with effect from the date the change takes effect.

3. Use of artificial intelligence, limits of the service

(1) The analysis is performed with the help of language models. By their nature, results of such methods are not free of errors. Classifications, extracted information and draft replies are suggestions.

(2) The Provider expressly owes no particular accuracy rate, no substantive correctness of the generated texts and no particular commercial success.

(3) Replies are sent to third parties only when the customer approves them or has expressly switched on automatic sending. With automatic sending switched on, the generated replies go out without review in the individual case; the customer decides whether and for what to use this feature and is responsible for the content sent in this way. Otherwise the customer is obliged to check the content of drafts before sending.

(4) Where the customer uses the generated texts towards natural persons, it must observe the transparency obligations under Article 50 of Regulation (EU) 2024/1689. The Provider supplies the settings required for this.

4. Conclusion of contract

(1) The presentation of the services on the website is not a binding offer but an invitation to submit an offer.

(2) The contract is concluded when both parties sign the offer or the contract, or when the Provider confirms an order from the customer in text form. The Provider then sets up the customer's company and accounts in Mailthy.

5. Availability

(1) The Provider aims for an availability of the application of 99 percent on a monthly average, measured at the point of transfer to the internet.

(2) The following do not count as downtime: announced maintenance windows, disruptions beyond the Provider's control, in particular outages of upstream providers (hosting, database, model providers) and of the customer's email provider (such as Microsoft 365 or Google), disruptions of the customer's internet connection, and cases of force majeure.

(3) Maintenance work is carried out outside normal business hours where possible and announced with reasonable advance notice.

6. Obligations of the customer

(1) The customer keeps access credentials secret, does not pass them on to third parties and reports any suspicion of unauthorised use without undue delay.

(2) The customer ensures that it is entitled to process the data it introduces, in particular that the necessary legal bases under data protection law exist and that the data subjects have been informed in accordance with Articles 13 and 14 GDPR.

(3) The customer refrains from any actions that endanger operation, in particular introducing malware, automated mass retrieval outside the intended use, and attempts to circumvent access restrictions.

(4) The customer indemnifies the Provider against third-party claims based on unlawful use for which the customer is responsible.

7. Rights to data and content

(1) All data introduced by the customer remains the customer's data. The Provider receives only the rights of use required to perform the contract.

(2) The Provider does not use customer data to train AI models and also agrees this with its subprocessors.

(3) The Provider may evaluate aggregated, fully anonymised metrics to improve the service. Any inference about the customer or individual persons is excluded.

8. Remuneration

(1) The prices agreed when the contract is concluded apply. Invoicing is monthly in advance unless agreed otherwise.

(2) The Provider is a small business within the meaning of § 19 of the German VAT Act (UStG). No VAT is shown. If this changes, the statutory rules take its place.

(3) The Provider may adjust the prices in text form with six weeks' notice to the end of a billing period, in particular where the costs of upstream providers have increased. In that case the customer may terminate the contract extraordinarily up to the date the adjustment takes effect. The Provider points out this right in the notice.

9. Term and termination

(1) The contract runs for an indefinite period and may be terminated by either party in text form with one month's notice to the end of a calendar month, unless agreed otherwise.

(2) The right to extraordinary termination for good cause remains unaffected. For the Provider, good cause exists in particular if the customer is in default with payment for two consecutive billing periods or seriously breaches Section 6.

10. Data export and switching providers

(1) The customer may request an export of its data in a structured, commonly used and machine-readable format at any time during the term of the contract. The Provider makes it available within 14 days.

(2) After the end of the contract, the Provider makes the export available to the customer for a transition period of 30 days. The data is then deleted unless statutory retention obligations prevent this.

(3) No separate charges are made for export and switching. This provision implements the requirements of Regulation (EU) 2023/2854 (Data Act).

11. Data protection

(1) Where the Provider processes personal data on behalf of the customer, the data processing agreement under Article 28 GDPR applies. It forms part of this contract. The customer concludes it before the first processing, usually at the first sign-in to Mailthy; it is then available there at any time. No mailbox is connected before it has been concluded.

(2) In all other respects the privacy policy applies.

12. Warranty

(1) The statutory provisions of German tenancy law (§§ 535 et seq. BGB) apply unless otherwise provided below.

(2) Strict liability for defects already present at the time the contract is concluded under § 536a(1), first alternative, BGB is excluded.

(3) The customer reports defects without undue delay in text form and describes them precisely enough for them to be reproduced.

13. Liability

(1) The Provider is liable without limitation for intent and gross negligence, for injury to life, body or health, for fraudulently concealed defects, to the extent of any guarantee assumed, and under the German Product Liability Act (Produkthaftungsgesetz).

(2) In the event of a slightly negligent breach of a material contractual obligation, that is, an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose fulfilment the customer may regularly rely, liability is limited to the damage foreseeable at the time the contract was concluded and typical of this type of contract, but in no case more than the remuneration paid in the twelve months before the damaging event.

(3) Otherwise, liability for slight negligence is excluded.

(4) For loss of data, the Provider is liable only to the extent that the loss would also have occurred if the customer had backed up its data properly and regularly.

(5) The above limitations also apply in favour of the Provider's legal representatives and vicarious agents.

14. Confidentiality

Both parties treat confidential information of the other party as confidential and use it only to perform the contract. This obligation continues for three years after the end of the contract.

15. Reference

The Provider may name the customer and use its logo for reference purposes. The customer may object to this at any time in text form.

16. Changes to these terms

The Provider may change these terms where this is necessary to adapt them to a change in the law, to decisions of the highest courts or to a change in the service. The change is announced in text form at least six weeks before it takes effect. If the customer does not object before the change takes effect, the change is deemed accepted; the notice points out this effect separately. If the customer objects, either party may terminate the contract with effect from the date the change takes effect.

17. Final provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the Provider's registered place of business in Schönenberg-Kübelberg, Germany. The Provider remains entitled to bring an action at the customer's general place of jurisdiction.

(3) Should any provision be or become invalid, the validity of the remaining provisions remains unaffected.

(4) Amendments and supplements require text form. This also applies to any waiver of this clause.

(5) These terms are available in German and English, and both versions are binding. Each contract is governed by the version in the language in which it was concluded.