Mailistix Terms of Service

Version: 1.5 · Valid from: 3 November 2026

Mailistix is for businesses only. We offer the Service exclusively to Business Customers: companies and other organizations, and self-employed persons and freelancers acting in their profession. We do not offer it to Consumers. By creating an Account, you confirm that you use Mailistix as a Business Customer (Sections 3.5 and 3.6).

These Terms of Service (the "Terms") are the contract between you and Mailistix UG (haftungsbeschränkt) for the use of Mailistix. Please read them carefully. Part I contains the General Terms that apply worldwide. Part II contains Regional Terms that change or replace parts of Part I depending on where you have your registered seat or principal place of business.

IMPORTANT FOR BUSINESS CUSTOMERS IN THE UNITED STATES: PART II, SECTION C CONTAINS A BINDING INDIVIDUAL ARBITRATION AGREEMENT AND A WAIVER OF CLASS ACTIONS AND JURY TRIALS. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS AS DESCRIBED IN SECTION C.4(g).

Part I — General Terms

1. About these Terms

1.1 Parties. These Terms are concluded between you and Mailistix UG (haftungsbeschränkt), Kolonnenstr. 8, 10827 Berlin, Germany, registered in the commercial register of the Amtsgericht Charlottenburg (Berlin) under HRB 291268 B, represented by its managing director Marvin Muvunyi ("Mailistix", "we", "us", "our"). Our full provider details are in our Legal Notice.

1.2 Documents that form the agreement. Your agreement with us consists of:

(a) these Terms, including the Regional Terms in Part II;

(b) the Mailistix Software License Agreement (EULA), which grants the license to the Software;

(c) the Acceptable Use Policy (the "AUP");

(d) the Data Processing Agreement (the "DPA"), including its list of Subprocessors; and

(e) the description of your Plan shown in the Software or at checkout when you start or renew that Plan.

1.3 Information documents. The Privacy Policy and the AI Features Notice inform you about how we process personal data and how the AI Features work. They are information, not additional contract terms.

1.4 Order of precedence. If documents conflict, the following order applies, from highest to lowest: (1) the Regional Terms in Part II, for users to whom they apply; (2) the DPA, for the processing of personal data on your behalf; (3) the EULA, for the license to the Software; (4) Part I of these Terms; (5) the AUP and other policies referred to in these Terms. Where the EU Standard Contractual Clauses apply (DPA, Section 12), they prevail over all of these documents, including Part II.

1.5 Acceptance. You accept these Terms when you create an Account and confirm that you agree to them, as described in Section 1.8. If you do not agree to these Terms, do not create an Account and do not use the Service.

1.6 Using Mailistix for an organization. If you accept these Terms on behalf of a company or other organization, you confirm that you are authorized to bind it. "You" then means that organization, and you personally must also comply with these Terms when you use the Service.

1.7 Purchases through Polar. Paid Plans are sold by Polar Software, Inc. ("Polar"), which acts as merchant of record and authorized reseller. When you buy a paid Plan, you enter into a purchase contract with Polar under the Polar Buyer Terms. Polar's terms govern the purchase itself: payment, taxes, invoices, refunds and chargebacks. These Terms, together with the EULA, are the "Supplier Agreement" referred to in the Polar Buyer Terms; they govern your license to the Software and your use of the Service. Polar is not a party to these Terms, and we are not a party to the Polar Buyer Terms. The governing-law and arbitration provisions of the Polar Buyer Terms apply to disputes between you and Polar about the purchase, not to disputes between you and us. Nothing in these Terms limits any right you have against Polar.

1.8 Conclusion of the agreement.

(a) Creating an Account. In the Software, you enter your email address and click "Continue". If there is no Account for that address, the Software shows "Create your account" with a box confirming that you use Mailistix for business and accept these Terms, the DPA and the EULA. The box links to each of these documents, and the Privacy Policy is linked on the same screen. Ticking the box also confirms your eligibility and business use under Sections 3.1 and 3.5. By clicking "Create account", you offer to conclude the agreement, and we email you a one-time code. We accept your offer by activating your Account when you enter that code, which confirms your email address (Section 4.1); the agreement is concluded at that moment.

(b) New versions. If we ask you to accept a new version of these Terms, the Software shows the same confirmation with links to the documents, and you accept by ticking the box and clicking "Accept and continue".

(c) Paid Plans. You buy a paid Plan through Polar's checkout, which you open in the Software (Section 8.4). The purchase contract is concluded with Polar under the Polar Buyer Terms; Polar's checkout shows its steps. Your paid Plan becomes part of your agreement with us when Polar confirms your payment.

(d) Correcting input errors. Until you click "Create account", you can check and correct every entry with your keyboard and mouse, untick the box, go back to your email address with "Back", or stop by closing the window. In the code step, "Back" takes you back to correct your email address. After the conclusion, you can change your email address in the Software. In Polar's checkout, you can correct your entries until you complete the payment.

(e) Retrieving and storing the contract text. These Terms and the other documents listed in Section 1.2 are available on our website through the links in the sign-up screen, at the time you conclude the agreement and at any time afterwards, and in the Software under Settings › Legal. You can print them or save them with your browser. We store which version of these Terms and of the DPA you accepted and when, with a checksum of each document of that version; this record is part of your data export (Section 15.10). Each version remains available unchanged at a fixed address on our website (https://mailistix.com/legal/archive; Section 19.5). We recommend that you save a copy of these Terms when you accept them.

(f) Language and codes of conduct. The agreement is concluded in English (Section 23.8). We have not subscribed to any codes of conduct.

1.9 Electronic commerce between businesses. You and we agree that Section 312i(1) sentence 1 nos. 1 to 3 and sentence 2 of the German Civil Code (BGB) do not apply to the conclusion of the agreement or to later orders (Section 312i(2) sentence 2 BGB). We nevertheless provide the functions and information described in Section 1.8. Your possibility to retrieve and store these Terms when you conclude the agreement (Section 312i(1) sentence 1 no. 4 BGB) remains unaffected.

2. Definitions

In these Terms, the following words have the meanings given here. Other capitalized words are defined where they first appear.

• Account – your Mailistix user account.
• AI Features – drafting, rewriting, summaries, Ask AI answers, meeting briefings, writing-style personalization and similar features of the Service that use AI models.
• Basic Plan – the free Plan described in Section 8.
• Billing Period – the recurring period for which a paid Plan is billed, as shown at checkout.
• Bonus Credits – Credits that we grant in addition to Plan Credits, as described in Section 8.6.
• Business Customer – a legal person, a partnership with legal capacity, or a natural person acting in the exercise of their trade, business, craft or independent profession (including self-employed persons and freelancers), who uses the Service for those purposes (Section 3.5).
• Cloud Services – the server-side parts of the Service that we operate or have operated for us: Account and authentication, AI processing, billing synchronization, the relay of change notifications from mailbox providers, support uploads, data export, account deletion and the update feed.
• Connected Mailbox – a mailbox that you connect to the Software: a Google (Gmail or Google Workspace) or Microsoft (Outlook.com or Microsoft 365) mailbox through the provider's sign-in (OAuth), or a mailbox at another provider through its IMAP and SMTP servers with the mailbox's password.
• Consumer – a natural person who uses the Service for purposes that are predominantly outside their trade, business, craft or independent profession.
• Credits – units that measure the use of AI Features, as described in Section 8.6. Credits comprise Plan Credits and Bonus Credits.
• Customer Content – Mailbox Data and everything you create or store in the Service, including drafts, tasks, projects, documents, notes, Ask AI conversations, and Input and Output.
• Documentation – the texts in the Software and the help pages we publish about the Service.
• Input – the data that is sent to an AI Feature when you use it. Output – what an AI Feature returns.
• Mailbox Data – emails, attachments, calendar data, contact details contained in emails, and related metadata from your Connected Mailboxes.
• Plan – the Pro Trial, the Basic Plan, the Pro Plan or any other plan we offer.
• Plan Credits – the Credits included in your Plan.
• Pro Plan – the paid subscription Plan described in Section 8.
• Pro Trial – the free trial of the Pro Plan described in Section 8.2.
• Region Setting – your answer to the question "Where are you based?" in the Software (Section 4.6).
• Regional Terms – Part II of these Terms.
• Service – the Software and the Cloud Services together.
• Software – the Mailistix desktop application for macOS and Windows, including its updates, as described in the EULA.
• Third-Party Services – services that are not operated by us and that you use together with the Service, in particular Google's and Microsoft's mailbox and calendar services.

"Including" means "including without limitation". "Text form" and "in writing" include email unless these Terms say otherwise.

3. Eligibility

3.1 Age. You must be at least 18 years old to create an Account. The Service is not directed at children.

3.2 Capacity. You must be legally able to enter into a binding contract.

3.3 Sanctions. You must not use the Service if you are located in, ordinarily resident in, or organized under the laws of a country or territory subject to comprehensive sanctions, or if you are a person or entity listed on, or owned or controlled by a person listed on, a sanctions or restricted-party list. We do not offer the Service in Russia or Belarus or to persons established or ordinarily resident there, or to their governments. Details are in the EULA under "Export control and sanctions".

3.4 One person per Account. Each Account belongs to one natural person. You must not share your Account or its credentials, and you must not create Accounts by automated means or to obtain additional trials, Bonus Credits or other benefits. A Business Customer whose personnel use Mailistix must make sure that each person uses their own Account and complies with these Terms; the Business Customer is responsible for their use of the Service for its purposes.

3.5 Business use only. We offer the Service exclusively to Business Customers. By creating an Account, you confirm that you use the Service for purposes of your trade, business, craft or profession, including as a self-employed person or freelancer, and not as a Consumer. If you use Mailistix for your work as an employee, you create and use the Account for your employer and with its permission; your employer is then the Business Customer (Section 1.6). If you accept these Terms for a company or another organization, you confirm that you are authorized to bind it. We may ask for evidence of your business use, for example your company name, a commercial register entry or a VAT identification number.

3.6 No Consumers. We do not conclude agreements with Consumers, and we rely on your confirmation under Section 3.5. If you are a Consumer, you must not create an Account or buy a Plan. If we learn that an Account is used as a Consumer, we may close it after notice to the Account email address (Section 15.10 applies); fees prepaid for the period after closing are refunded through Polar. If, despite your confirmation, mandatory law treats you as a Consumer, the provisions of that law that cannot be waived apply instead of any conflicting provision of these Terms; this does not entitle Consumers to use the Service.

3.7 Quebec. Until we provide these Terms in French, Business Customers whose registered seat or principal place of business is in Quebec must not create an Account or buy a Plan (Part II, Section D.1).

4. Your Account

4.1 Sign-up. To use the Service, you need an Account. You create it with your email address and a one-time code that we send to that address, which confirms your email address. You also sign in with such codes; Accounts have no password.

4.2 Accurate information. The information you give us must be accurate and complete, and you must keep your email address up to date. We send important notices about your Account and these Terms to that address.

4.3 Security. You must keep the one-time codes we send you confidential and keep the mailbox of your Account email address secure, because anyone who can read it can sign in to your Account. Because the Software keeps your mail and your sign-in tokens on your computer, you are also responsible for securing your device and your operating-system account, for example with a strong device password and current security updates. If we offer additional security features, such as multi-factor authentication, we recommend that you use them.

4.4 Misuse. Tell us without undue delay at legal@mailistix.com if you believe that someone has gained unauthorized access to your Account, your device or a Connected Mailbox.

4.5 Activity in your Account. You are responsible for activity carried out through your Account if you carried it out or permitted it, or if it is otherwise attributable to you under the applicable law, for example because you did not keep your credentials or your device secure (Section 4.3). This does not apply where the activity results from our breach of these Terms or from a security failure for which we are responsible.

4.6 Region Setting. When you set up the Software, we ask "Where are you based?" with the answers "In Europe" (the EU, the EEA, the United Kingdom or Switzerland) and "Outside Europe". Your Region Setting decides where the AI Features process your data and which AI models are used (see the AI Features Notice), and how many Credits AI requests use (Section 8.7). Until you answer, the rules for users in Europe apply. Please keep your Region Setting accurate; you can change it at any time in Settings › Privacy & AI. If you choose "Outside Europe", some AI processing may take place outside the EU; you are responsible for making sure that this is permitted for the data you process. The Region Setting does not decide which Regional Terms apply to you.

5. The Service

5.1 What the Service does. Mailistix is a desktop email client. The Software lets you read, write, send and search the emails of your Connected Mailboxes, organize them into projects, tasks and documents, view and answer calendar invitations, and use the AI Features. The Cloud Services support these functions. The features available to you depend on your Plan (Section 8).

5.2 Mailistix is a client, not a mailbox provider. Your emails are stored by your mailbox provider and synchronized to your computer. When you send an email, it is sent through your mailbox provider's systems. We do not provide email hosting, email delivery, archiving or backup, and we do not control whether a recipient's systems accept or deliver an email.

5.3 Actions you take. The Software carries out actions in your Connected Mailbox when you instruct it to do so, for example sending, deleting, moving or archiving emails, answering a calendar invitation or adding an event. Some actions cannot be undone, for example the permanent deletion of an email or the sending of a message. The Service never sends emails, answers invitations, or changes or deletes content in your mailbox on its own on the basis of AI Output.

5.4 Newsletter unsubscribe. When you ask the Software to unsubscribe you from a newsletter, our Cloud Services send the sender's one-click unsubscribe request on your behalf, or the Software sends an unsubscribe email from your mailbox or opens the sender's web page, depending on what the sender offers. We cannot guarantee that the sender honors the request.

5.5 Data on your device. The Software stores your mail and other content locally in an encrypted database on your computer, as described in the EULA under "Your data on your device". Keep backups of anything that you cannot recover from your mailbox provider.

5.6 Updates. The Software checks for updates when it starts, downloads an available update in the background and installs it only after you confirm ("Restart & Install"). We may require a minimum version of the Software for the Cloud Services to protect you, your data and the Service. Details are in the EULA under "Updates".

5.7 AI models and providers. We choose the AI models and providers that power the AI Features and may change them, within the rules described in Section 7.9 and the Subprocessors list.

5.8 Changes to the Service. We develop the Service continuously. We may change the Service if there is a valid reason, in particular: technical progress; security; changes in law or in the requirements of authorities; changes made by Google, Microsoft, our AI providers or other suppliers on which the Service depends, including the retirement of AI models; preventing abuse; or removing features that are rarely used. Changes must not cause you additional costs. If a change materially and adversely affects your use of a paid Plan, we will inform you at least 30 days in advance where reasonably possible, and you may terminate your paid Plan before the change takes effect; we will then arrange a pro-rata refund of fees you prepaid for the period after termination (Section 8.10).

6. Third-Party Services

6.1 Connecting mailboxes. You connect a Google or Microsoft mailbox by signing in on the sign-in page of Google or Microsoft in your browser and granting the permissions shown there. You connect a mailbox at another provider with its email address and password and the settings of its incoming (IMAP) and outgoing (SMTP) servers, which the Software looks up or you enter. You can remove a Connected Mailbox in the Software at any time; you can also revoke the access in your Google or Microsoft account settings or, for a mailbox at another provider, by changing its password.

6.2 Their terms apply. Your use of Google's and Microsoft's services, and of the services of any other mailbox provider, remains governed by your agreements with them, for example the Google Terms of Service, the Google Workspace terms of your organization, the Microsoft Services Agreement or the Microsoft 365 terms of your organization, and by your organization's policies. You must comply with them and may connect only mailboxes that you are authorized to access.

6.3 Organizations. If a mailbox is managed by an organization, its administrator may need to approve Mailistix (for example by granting admin consent in Microsoft Entra ID) and may restrict or revoke its access. It is your responsibility to obtain any permission your organization requires.

6.4 Google user data. Mailistix's use and transfer of information received from Google APIs to any other app will adhere to the Google API Services User Data Policy, including the Limited Use requirements.

6.5 No responsibility for Third-Party Services. We do not operate Third-Party Services and are not responsible for their availability, content, security or changes, or for limits they place on access through their interfaces. Google or Microsoft may change, restrict or end the access of Mailistix to their interfaces, or require changes to the Service, and another mailbox provider may change, restrict or end access through IMAP or SMTP, for example by no longer accepting sign-in with a password. Some features may then stop working. We will inform you as soon as reasonably possible. If, as a result, we cannot substantially provide your paid Plan, you may terminate it, and we will arrange a pro-rata refund of fees you prepaid for the period after termination.

6.6 Content from third parties. Emails, attachments, links and remote images come from their senders, not from us. The Software blocks remote images by default; if you load them, the sender's server can see your IP address.

7. AI Features

7.1 Optional and switched off by default. The AI Features are off until you switch them on in the AI consent dialog in the Software. You can switch them off at any time in Settings › Privacy & AI; no data is then sent to AI models until you switch them on again. The Service remains usable as an email client without the AI Features.

7.2 How they work. When you use an AI Feature, the Software sends the Input over an encrypted connection to our Cloud Services, which pass it to an AI model provider (currently Microsoft Azure OpenAI and Google Vertex AI) and return the Output to you. What Input each AI Feature uses, where it is processed and how long data is kept is explained in the AI Features Notice and the Privacy Policy.

7.3 You are interacting with AI. Drafts, rewrites, summaries, briefings and Ask AI answers are generated by AI. Ask AI is an AI system, not a person. The AI Features Notice explains how we inform you about AI interaction and how AI-generated content is identified, including under Article 50 of Regulation (EU) 2024/1689 (the EU AI Act). If you use Output in a way for which the law requires you to disclose that it was generated by AI (for example, text published to inform the public on matters of public interest under Article 50(4) of the EU AI Act), you are responsible for that disclosure.

7.4 Limits of AI. Output is generated automatically by statistical models. It can be wrong, incomplete, out of date, biased or inappropriate in tone, even when it sounds confident. It may misread an email, invent facts, names, dates or commitments, or miss important points. Output may also be influenced by content in the emails it processes, including content that a sender wrote in an attempt to manipulate AI systems.

7.5 Your review and responsibility. You must review every Output before you rely on it, and every draft before you send it. You decide whether to use, change or discard Output, and you are responsible for the emails you send and for decisions you take. Output is not professional advice (for example legal, tax, financial or medical advice). Do not use Output as the sole basis for decisions that have legal or similarly significant effects on people. The AUP contains further rules for the AI Features.

7.6 No training on your content. We do not use Customer Content, including Input and Output, to develop, train or improve generalized AI or machine-learning models, and our AI providers are contractually prohibited from using it to train their models. The personalization of drafts (for example, examples of your earlier replies and what the Software learns from your edits) works by including information in your own requests and by storing preferences on your device; no AI model is trained or fine-tuned with your data.

7.7 No human review. Our personnel do not read Customer Content, except (a) where you ask us to look at specific content, for example in a support case, (b) where it is necessary for security purposes, such as investigating abuse or a security incident, (c) where the law requires it, or (d) where the content has been aggregated and anonymized and is used for internal operations, as permitted by the Google API Services User Data Policy. Our AI providers may retain data for a limited time for abuse monitoring, as described in the AI Features Notice.

7.8 Safety systems. Our AI providers apply safety systems, and we apply automated checks, to each request. They may refuse a request or withhold an Output, for example where an Output appears to disclose the non-public instructions of the AI Features. A withheld Output is not shown to you. We record that this happened, without the text of the Output, for security purposes.

7.9 Model selection and quality comparisons. We decide which AI model and provider handles a request, within the rules of your Region Setting and only with providers listed in our Subprocessors list. If a model is unavailable or too slow, another permitted model may answer. To check and improve quality, we may, for selected Accounts and for a limited time, answer requests with a different but comparable model, model version or setting than the default. Such comparisons use only models permitted for your Region Setting, are subject to the same commitments as all other requests (including Sections 7.6 and 7.7), involve no processing beyond answering your request except that the variant used is recorded in the usage metadata, and are evaluated with technical metrics such as response time, error rate and Credit cost, not by reading your Input or Output. A model used in a comparison is charged at its own Credit cost, which can differ from the default. We will inform you before your Account takes part in such a comparison, and you can opt out at any time by writing to legal@mailistix.com.

7.10 Credits and usage limits. AI Features use Credits as described in Section 8. In addition, to protect the Service and keep its costs under control, we apply limits per Account, such as a daily limit on the cost of AI processing (which resets at 00:00 UTC), limits on the number of AI requests per hour, and limits on the size of Input. When a limit is reached, the affected AI Features are paused until the limit resets, even if you still have Credits. The Software tells you when this happens. We set these limits so that they are not normally reached in ordinary individual use of your Plan, and we may adjust them for the reasons in Section 5.8. You must not circumvent these limits (see the AUP).

7.11 Your role under the EU AI Act. When you use the AI Features for your business, you are a deployer within the meaning of Article 3(4) of the EU AI Act, to the extent that Act applies to you.

(a) AI literacy. You take measures to ensure, to the best extent possible, a sufficient level of AI literacy of the persons who use the AI Features on your behalf (Article 4). The AI Features Notice and Sections 7.4 and 7.5 describe what the AI Features do and where their limits are.

(b) Transparency. We inform users that they interact with AI, label Output in the Software and, where the mailbox provider's interface allows it, add a machine-readable marker to emails sent from AI drafts, as described in Section 8 of the AI Features Notice. You must not remove or circumvent these labels and markers where the law requires them. Disclosures that the law requires from you as a deployer, for example under Article 50(4), are your responsibility (Section 7.3).

(c) Intended purpose. The AI Features are intended to help with writing, reading and organizing email. They are not intended for any use classified as high-risk under Article 6 and Annex III of the EU AI Act, for example to filter job applications, to evaluate candidates or employees, or to assess creditworthiness, and the AUP prohibits decisions with legal or similarly significant effects on people without meaningful human review. If you nevertheless use them for such a purpose, you do so outside their intended purpose and are responsible for the obligations that result (Article 25(1)(c)).

8. Plans, Trial, Credits and Payment

8.1 Plans. At the Effective Date we offer the following Plans:

The description of your Plan shown in the Software or at checkout when you start or renew it forms part of your contract (Section 1.2(e)).

8.2 Pro Trial. The Pro Trial starts automatically when you create your Account. You do not need to provide payment details. The Pro Trial ends automatically after 14 days, and your Account then moves to the Basic Plan. You are not charged, and the Pro Trial does not turn into a paid subscription. Unused trial Credits end with the trial. We may, at our discretion, extend a Pro Trial; there is no entitlement to an extension. Each person may use the Pro Trial only once.

8.3 Basic Plan. The Basic Plan is free of charge and has the limits shown in Section 8.1. Its Plan Credits are renewed every month, counted from the day your Account moved to the Basic Plan; the Software shows the next renewal date. When your Plan Credits are used up, AI Features are unavailable until the next renewal; Bonus Credits cannot be used on the Basic Plan once its Plan Credits are used up. If you move to the Basic Plan while you use more Connected Mailboxes, projects or tasks than it allows, your content is kept and your Connected Mailboxes stay connected, but you cannot add more. Projects beyond the limit are locked until you upgrade or reduce your use, starting with those least recently opened or created (starred projects are locked last); existing tasks are not locked.

8.4 Pro Plan. You can buy the Pro Plan in the Software ("Upgrade to Pro"), which opens Polar's checkout. Polar sells the Pro Plan to you, processes your payment, calculates and collects applicable taxes and issues your invoice under the Polar Buyer Terms. The price, currency and Billing Period are those shown at checkout; Polar shows whether taxes are included. The Pro Plan starts when Polar confirms your payment. It renews automatically at the end of each Billing Period for a further Billing Period, and Polar charges the payment method you provided at the start of each Billing Period, until you cancel.

8.5 Cancellation of the Pro Plan. You can cancel the Pro Plan at any time in Settings › General › Subscription with "Cancel subscription" or "Manage subscriptions", which open Polar's customer portal, or by contacting Polar at support@polar.sh or us at legal@mailistix.com. Cancellation takes effect at the end of the current Billing Period. Until then, you keep the Pro Plan and its remaining Plan Credits; afterwards, your Account moves to the Basic Plan.

8.6 Credits.

(a) Nature. Credits measure your use of the AI Features. They are not money, electronic money or a payment instrument, have no cash value, cannot be transferred, sold or exchanged, and can be used only with your Account.

(b) Plan Credits. Plan Credits are allocated at the start of each Billing Period (Pro Plan), each month (Basic Plan) or at the start of the Pro Trial. At each new allocation, your remaining Plan Credits are replaced by the new allocation; unused Plan Credits do not carry over. When your Account moves from the Pro Plan or the Pro Trial to the Basic Plan, your remaining Plan Credits are replaced by the Basic Plan allocation.

(c) Bonus Credits. We may grant Bonus Credits at our discretion, for example as a goodwill gesture or in a promotion. There is no entitlement to Bonus Credits. Bonus Credits expire on the date we show when we grant them; unless we state otherwise, this is 45 days after the grant. When you receive new Bonus Credits, all your unexpired Bonus Credits take the latest expiry date. Bonus Credits remain available when you change Plans, until they expire, except that they cannot be used on the Basic Plan once its Plan Credits are used up (Section 8.3).

(d) Order of use. Each AI request uses your Plan Credits first and then your Bonus Credits, starting with those that expire first.

(e) Credit cost of a request. The number of Credits a request uses depends on the AI model, the amount of text processed and generated, and your Region Setting (Section 8.7). The Software shows the estimated Credit cost of common actions; the actual cost may be higher or lower. Before a request is processed, the Service reserves the maximum Credits it may need; afterwards, only the Credits for the processing that actually took place are deducted. A request that fails before the AI model processes it uses no Credits. If a request costs slightly more than your remaining Credits, we may complete it and waive the difference.

(f) Purchase of Credits. At the Effective Date, Credits cannot be bought separately. If we offer Credit packs in the future, the conditions shown at purchase apply in addition to these Terms.

(g) Corrections. We may correct Credits that were credited or deducted as a result of an obvious technical error, and we will tell you if we do.

(h) No refunds for Credits. Credits are not refunded or paid out, except where the law requires it or where Polar grants a refund (Section 8.10).

8.7 Why the Credit cost of an action depends on your region. Credits measure the cost of the AI processing you use, not a fixed number of requests or words. To keep processing in the location that your Region Setting requires, we use different AI models for users who answered "In Europe" (or have not answered) and for users who answered "Outside Europe" (Section 4.6), and these models have different prices for the same amount of text. We therefore set the value of a Credit separately for each region. As a result, the same action, for example a reply draft, can use a different number of Credits depending on your Region Setting, and your Plan Credits can cover a different number of actions. The Software shows the estimated Credit cost of common actions for your Region Setting. Changing your Region Setting does not add, remove or convert Credits you already have; it only changes the Credit cost of later requests.

8.8 Price changes. We may change the price of the Pro Plan for future Billing Periods. We will tell you at least 30 days before a price change takes effect for your subscription. You may cancel before the new price applies; the change applies from your first Billing Period that starts after the notice period.

8.9 Failed payments. If Polar cannot collect a payment, Polar may retry it under the Polar Buyer Terms. We keep your Pro Plan active for a grace period of three days after we are informed of the failed payment. If the payment has not succeeded by then, your Account moves to the Basic Plan. Your content is not deleted. Polar's terms govern any amount that remains outstanding.

8.10 Refunds and statutory rights. Polar decides on refund requests for purchases under applicable law, its refund policy and card-network rules. If you contact us about a refund, we will support your request with Polar. Where these Terms say that we will arrange a pro-rata refund (for example under Sections 5.8, 6.5 or 15.5), we will instruct Polar to refund, or refund you ourselves, the prepaid fees for the period after termination. Mandatory statutory rights remain unaffected.

8.11 Taxes. Polar, as merchant of record, determines, collects and remits the taxes on your purchase and issues your invoice. If Polar does not charge VAT or a similar tax, for example because you entered a valid VAT identification number, you are responsible for accounting for any tax that you must self-assess under the law that applies to you (for example under the reverse-charge mechanism).

9. Customer Content and Data Protection

9.1 Your content remains yours. You keep all rights in your Customer Content. We do not claim ownership of it.

9.2 Permission to process your content. Most of your Customer Content stays on your computer and is not accessible to us. To the extent Customer Content reaches the Cloud Services (for example, Input to the AI Features or a support upload you send), you grant us a non-exclusive, royalty-free right, limited to the term of your agreement and to any deletion periods described in the Privacy Policy, to host, transmit, process and display it only as necessary to provide, secure, maintain and support the Service for you, in accordance with your instructions, the Privacy Policy and the DPA, and to comply with the law.

9.3 What we do not do. We do not sell Customer Content, do not use it for advertising, and do not use it to train generalized AI models (Section 7.6). We may use technical usage information that does not contain Customer Content (for example, which AI Feature was used, the model, the number of tokens and Credits, and errors) to operate, bill, secure and improve the Service, as described in the Privacy Policy.

9.4 Privacy Policy. The Privacy Policy explains how we process personal data as controller, including Account data, acceptance records, billing data from Polar, usage metadata, optional analytics and support requests. Personal data of others in your Customer Content, including in support messages and diagnostic uploads, we process as your processor under the DPA (Section 9.5).

9.5 Data Processing Agreement. If you process personal data of others with the Service (for example, of your correspondents or employees), we process that personal data in the Cloud Services on your behalf as your processor. The Data Processing Agreement applies automatically when you accept these Terms; no separate signature is needed. We will provide a countersigned copy on request.

9.6 Your responsibilities for the data you process. You are responsible for having a legal basis and any necessary permission to process the personal data of others with the Service, in particular for sending their emails to the AI Features. You must comply with confidentiality obligations that apply to you, such as non-disclosure agreements or your employer's policies. If you are subject to professional secrecy (for example as a lawyer, physician, tax adviser or auditor, or under Section 203 of the German Criminal Code, StGB), you must not process secrets entrusted to you with the AI Features or the Cloud Services unless your professional rules permit it. Our confidentiality undertaking for persons bound by professional secrecy is set out in Section 5.3 of the DPA; on request, we will confirm it in a separately signed document. The AUP contains rules on special categories of personal data.

9.7 Security. We implement appropriate technical and organizational measures to protect the Cloud Services and the data processed in them, as described in the Privacy Policy and in the DPA. No system is completely secure, and you are responsible for the security of your devices and credentials (Section 4.3).

10. Acceptable Use

You must use the Service in accordance with the Acceptable Use Policy, which forms part of these Terms. The AUP includes the usage rules that Google (Generative AI Prohibited Use Policy) and Microsoft (Code of Conduct for its AI services) require us to pass on to users of the AI Features. You are responsible for the compliance of the persons you permit to use the Service for your purposes.

11. Intellectual Property

11.1 Our rights. We and our licensors own all rights, including intellectual property rights, in the Service, including the Software, the Cloud Services, the instructions and templates of the AI Features, the design and the Documentation. These Terms do not transfer any of these rights to you, except for the rights expressly granted.

11.2 License to the Software and right to use the Cloud Services. Your license to the Software is set out in the EULA. Subject to these Terms, we grant you a non-exclusive, non-transferable, non-sublicensable right, for the term of your agreement and within the scope of your Plan, to use the Cloud Services through the unmodified Software. The EULA's restrictions, including on reverse engineering, and the rights that the EULA does not restrict (under "Rights that this EULA does not restrict") apply.

11.3 Output. As between you and us, you own the Output, to the extent any rights in it exist. We assign to you any rights we may have in it; where a right cannot be assigned, we grant you an exclusive, perpetual, irrevocable, worldwide and transferable license to it. Output may not be protected by copyright or other rights. Other users may receive similar or identical Output. This Section does not give you rights in the Service itself.

11.4 Trademarks. "Mailistix" and our logos are our trademarks. You may not use them without our prior written consent, except to refer to the Service accurately.

11.5 Feedback. If you send us suggestions or feedback, we may use them freely and without obligation to you. This does not give us any right to your Customer Content.

11.6 Open-source components. The Software contains open-source components that are licensed under their own licenses, as described in the EULA.

12. Beta and Experimental Features

12.1 We may offer features that are labeled, for example, "beta", "preview" or "experimental". They are optional, may be less reliable than other features, may be subject to separate limits, and may be changed or withdrawn at any time.

12.2 Unless we state otherwise, beta features are free of charge, although AI requests made with them use Credits. No service levels apply to them. To the extent permitted by law, they are provided without any warranty.

13. Availability, Support and Maintenance

13.1 Availability. We make reasonable efforts to keep the Cloud Services available, but we do not promise uninterrupted availability, and no service levels apply unless we have agreed them with you in writing. The Service depends on your internet connection, your mailbox provider, our AI providers and our hosting providers.

13.2 Maintenance. Maintenance may temporarily limit the Cloud Services. We schedule planned maintenance at times of low use and announce it in advance where reasonably possible; urgent maintenance, for example to fix a security vulnerability, may happen without notice.

13.3 System requirements. You are responsible for a computer, operating system and internet connection that meet the requirements stated in the Documentation.

13.4 Support. We provide support to our customers by email at legal@mailistix.com, in English and German. We aim to answer promptly but do not promise specific response times unless agreed in writing.

13.5 Diagnostic uploads. If you need help, you can send us technical diagnostic logs in Settings › Support › Diagnostic logs. The Software shows you the content before it is sent, and nothing is uploaded until you confirm. An upload is linked to your Account, stored privately and deleted automatically after 30 days. We use it only to diagnose and fix problems. Please do not include personal details or passwords in the optional note.

14. Suspension and Restrictions

14.1 Grounds. We may suspend or restrict your Account or parts of the Service (for example, only the AI Features) if:

(a) your use creates a security risk for the Service, other users or third parties;

(b) you breach the AUP or these Terms in a material way, or repeatedly, or we have concrete indications of such a breach;

(c) the law, a court or a competent authority requires it;

(d) Google, Microsoft or one of our AI providers requires it with regard to your use (for example, after an abuse notice); or

(e) you use fraudulent means, for example to obtain additional trials or Bonus Credits.

Failed payments are dealt with under Section 8.9, not by suspension.

14.2 Proportionality. We will choose the least restrictive measure that is sufficient, take into account your legitimate interests, prefer a warning where appropriate, and lift a suspension as soon as its reason no longer exists.

14.3 Notice and reasons. We will inform you in advance, stating the reasons, where reasonably possible. If this is not possible, for example because of an acute security risk or a legal prohibition, we will inform you without undue delay afterwards, unless the law prohibits it. Where Article 17 of the EU Digital Services Act applies, we will provide a statement of reasons that meets its requirements.

14.4 How we apply our rules. We do not read or scan your emails to enforce these Terms or the AUP. We act on reports (Section 21.3), on signals from our providers (for example, a safety refusal by an AI model or an abuse notice from Google or Microsoft) and on technical signals (for example, unusual request volumes). Automated tools apply rate limits, spending limits and the safety systems described in Section 7.8 to individual requests. Any decision to suspend or terminate an Account is taken by a person.

14.5 Complaints. You can object to a suspension or restriction by writing to legal@mailistix.com. A person will review your objection and respond without undue delay. Your right to go to court, and any right to use out-of-court dispute settlement under applicable law, remains unaffected.

14.6 Fees. If we suspend a paid Plan for a reason for which you are not responsible, we will arrange a pro-rata refund of the fees for the period of the suspension.

15. Term, Termination and Account Deletion

15.1 Term. Your agreement with us starts when you create your Account and runs for an indefinite period until it is terminated. A paid Plan runs for its Billing Periods as described in Section 8.4; ending a paid Plan does not end your Account, which continues on the Basic Plan.

15.2 Termination by you. You can terminate your agreement at any time, without notice, by deleting your Account (Section 15.3) or by notifying us in text form at legal@mailistix.com. If you notify us, we delete your Account at the end of the data-retrieval period (Section 15.10), or earlier if you ask us to. A paid subscription must be cancelled as described in Section 8.5; if you ask us to, we will arrange the cancellation.

15.3 Deleting your Account in the Software. You can delete your Account in Settings › General › Account › "Delete account".

(a) Steps. For your protection, deletion requires that you signed in within the last 10 minutes (the Software asks you to sign in again if needed) and that you type DELETE to confirm.

(b) Active subscription. Deletion is not possible while a paid subscription can still renew or a payment is outstanding. Cancel your subscription first (Section 8.5). If you delete your Account after cancelling but before the end of the current Billing Period, your access ends immediately and the rest of the Billing Period and your remaining Credits are forfeited; this does not affect any refund to which you are entitled by law.

(c) Effect. Deletion takes effect at once and cannot be undone; with it, you choose the immediate erasure of your data on our servers instead of a data-retrieval period (Section 15.10(e)), so export what you need first (Section 15.4). It removes your Account and the data we keep for it on our servers, as described in the Privacy Policy, including your support uploads and, if you opted in, your analytics data. On the computer from which you delete it, the Software removes the mail data it stored and revokes its access to your Google mailboxes. Access to Microsoft mailboxes is not revoked automatically; you can remove it in your Microsoft account, as described in the Privacy Policy. On other computers where you used the Software, you are signed out, but the local data stays until you delete the Software's data folder there, as described in the EULA; "Clear All Emails" (Settings › General › Danger Zone) removes the stored emails. Your emails at your mailbox providers are not affected. Polar keeps its own records of your purchases as an independent controller, for example to comply with tax law. Some security records are kept for a limited period without your user identifier, as described in the Privacy Policy.

15.4 Export before deletion. Before deleting your Account, you can save a copy of the data your Account keeps on our servers in Settings › General › Account › "Export data" (Section 15.10(b)). Your emails remain with your mailbox provider. Content that the Software stores only on your computer (for example, drafts, projects, tasks, documents and Ask AI conversations) is not part of this export; the Software has no export function for it, so copy anything you want to keep before you delete your Account or stop using the Software.

15.5 Ordinary termination by us. We may terminate your agreement without cause by giving notice in text form: (a) for an Account on the Basic Plan or in the Pro Trial, with at least 30 days' notice; (b) for an Account with a paid Plan, with at least 30 days' notice, effective no earlier than the end of the current Billing Period. If we discontinue the Service as a whole, we will give at least 90 days' notice, and you can use the export function until the end of the notice period and during the data-retrieval period (Section 15.10). If fees you prepaid relate to a period after the termination date, we will arrange a pro-rata refund (Section 8.10).

15.6 Termination for cause. Either party may terminate the agreement for cause without notice if the other party materially breaches these Terms and does not remedy the breach within 14 days after being notified in text form. No such notice is needed if remedy is impossible or the breach is so serious that continuing the agreement cannot reasonably be expected, for example in the case of attacks on the security of the Service, serious or repeated breaches of the AUP, or sanctions violations. If you terminate for cause because of our breach, we will arrange a pro-rata refund of prepaid fees for the period after termination.

15.7 Inactive free Accounts. We may close an Account on the Basic Plan that has not been used for 24 months, after giving at least 30 days' notice to the Account email address.

15.8 Effects of termination. When your agreement ends: (a) your license under the EULA and your right to use the Cloud Services end, except for retrieving your data under Section 15.10; (b) your remaining Credits expire; (c) at the end of the data-retrieval period, or at once if you delete your Account yourself, we delete the data of your Account on our servers as described in Section 15.10 and the Privacy Policy; (d) data that the Software stored on your computer remains there until you delete it or remove the Software, as described in the EULA; and (e) if we terminate and you have a paid subscription, we will cancel it at Polar so that it does not renew.

15.9 Survival. Provisions that by their nature are intended to continue after termination survive it, in particular Sections 8.10, 9.1, 11, 15.8, 15.10, 16 to 18, 22 and 23 and the Regional Terms that correspond to them.

15.10 Switching and data retrieval (EU Data Act). This Section sets out your rights under Articles 23 to 29 of Regulation (EU) 2023/2854 (the "Data Act") for the Cloud Services. It applies to all Business Customers, whatever law governs the agreement.

(a) Switching. You can switch to another provider or to your own systems at any time; no notice period applies, and you can terminate your agreement at any time (Section 15.2). If you tell us in text form that you want to switch and ask us to, we keep the Cloud Services available for a transitional period of up to 30 days, give you reasonable assistance and the information you need, including on known risks to the continuity of the Service, and keep the Service secure. The agreement then ends when you tell us that the switch is complete or at the end of the transitional period, whichever is earlier, and we confirm the end in text form. You may extend the transitional period once, for a period you consider more appropriate (Article 25(5) of the EU Data Act). If we cannot technically complete the switch within 30 days, we tell you within 14 working days of your request and name an alternative period of no more than seven months (Article 25(4)). Your emails remain with your mailbox provider, and you can use them with any other email client without our involvement.

(b) Exportable data. The data you can export are, exhaustively, the data our servers keep for your Account: your Account details (identifier, email address, creation date, interface language and sign-in history); your Plan, subscription and payment-status records, including the notifications Polar sent us about your purchases and the records that assign a subscription to your Account; your Credit balances, grants, reservations, daily allowances and notices; your AI usage and limit records (without content) and any assignment to a model comparison (Section 7.9); your consent, Region Setting and acceptance records for these Terms and the DPA; your analytics preferences and app-activity records; your support uploads and their records; the registrations and notification records of your Connected Mailboxes; and the security events and deletion requests concerning your Account. Most of them are available at any time in Settings › General › Account › "Export data" as a JSON file, a structured, commonly used and machine-readable format in which each record and field is named. The rest (the content of support uploads, the Polar notifications, your interface language and sign-in history, and individual fields that the file leaves out) we provide on request in text form, in a machine-readable format and within 30 days. The structure of the export file (each record type, its fields and their format) is described at https://mailistix.com/legal/data-export, which we keep up to date.

(c) What is not exportable. We cannot export what we do not hold: your emails and other Mailbox Data, which remain with your mailbox provider and on your computer; content that the Software stores only on your computer (Section 15.4); and the content of AI requests and Output, which we do not store (Section 7). Polar provides the data it holds as merchant of record. Exempted from the export, because they are specific to the internal functioning of the Service and their disclosure would risk our trade secrets or the security of the Service, are: the instructions, templates and configuration of the AI Features; internal pricing and routing parameters; secrets, hashes and storage paths; and the sources and internal details of security events.

(d) Data-retrieval period. After your agreement ends, for whatever reason, you can retrieve your exportable data for 30 days (the "data-retrieval period"). During this period, your Account remains in place, and you may sign in and use "Export data" for this purpose only. If you cannot sign in, for example because we have restricted your Account for security reasons, we send you the export on request in text form.

(e) Erasure. At the end of the data-retrieval period, we erase your exportable data and the other data of your Account on our servers, except data that we must keep by law and the limited records described in the Privacy Policy. If you delete your Account in the Software (Section 15.3) or ask us to delete it earlier, you choose immediate erasure, and no data-retrieval period applies.

(f) No switching charges. We do not charge for switching, for the export or transfer of your data, or for its erasure.

(g) Infrastructure and governmental access (Article 28 Data Act). Our Subprocessors page names the providers whose infrastructure runs the Cloud Services and where they process data; that infrastructure is subject to the law of those places and, for providers established in the United States, also to U.S. law. To protect data in the Cloud Services against unlawful access or transfer by foreign governmental authorities, we keep as little data as possible on our servers (Section 9.2), encrypt it in transit and at rest (DPA, Annex 2) and handle requests from public authorities as described in Section 13 of the DPA, which we apply to all Customer Content in the Cloud Services, whether or not it is personal data.

16. Warranties and Disclaimers

16.1 Scope of this Section. This Section 16 and Section 17 apply only if your agreement with us is not governed by German law, that is, to Business Customers in the United States (Part II, Section C). For all other Business Customers, including those in the EU, the EEA, Switzerland and the United Kingdom, they do not apply, and Part II, Section A.1 applies instead. Where they apply, they apply only to the extent permitted by the law that applies to you.

16.2 Our commitment. We will provide the Service with reasonable care and in accordance with these Terms.

16.3 DISCLAIMER. EXCEPT AS EXPRESSLY STATED IN THESE TERMS, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, INCLUDING THE SOFTWARE, THE CLOUD SERVICES, THE AI FEATURES, ALL OUTPUT AND ALL BETA FEATURES, IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE AND OUR LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

16.4 WE DO NOT WARRANT THAT: (A) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (B) ANY EMAIL WILL BE SENT, DELIVERED OR RECEIVED; (C) DATA WILL NOT BE LOST OR CORRUPTED; (D) THE SERVICE WILL WORK WITH ANY THIRD-PARTY SERVICE, OR THAT GOOGLE, MICROSOFT OR ANY OTHER PROVIDER WILL CONTINUE TO PERMIT ACCESS TO ITS SERVICES; OR (E) ANY OUTPUT WILL BE ACCURATE, COMPLETE, RELIABLE, LAWFUL, NON-INFRINGING OR SUITABLE FOR YOUR PURPOSE.

16.5 AI OUTPUT. OUTPUT IS GENERATED AUTOMATICALLY AND MAY BE WRONG OR MISLEADING. YOU ARE SOLELY RESPONSIBLE FOR REVIEWING OUTPUT BEFORE YOU USE IT, AND FOR EVERY EMAIL YOU SEND AND EVERY DECISION YOU TAKE. OUTPUT IS NOT PROFESSIONAL ADVICE.

16.6 Your backups. You are responsible for keeping backups of data that you cannot recover from your mailbox provider, and for checking actions you take in your Connected Mailboxes before you take them.

17. Limitation of Liability

17.1 Scope. Section 16.1 applies to this Section 17.

17.2 EXCLUSION OF CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR AFFILIATES, LICENSORS OR SUPPLIERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL OR ANTICIPATED SAVINGS, LOSS OR CORRUPTION OF DATA, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

17.3 CAP. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID (TO POLAR OR TO US) FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY, AND (B) USD 50.

17.4 SPECIFIC EXCLUSIONS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ARE NOT LIABLE FOR: (A) THIRD-PARTY SERVICES, INCLUDING ANY CHANGE, SUSPENSION OR REVOCATION OF ACCESS BY GOOGLE OR MICROSOFT; (B) THE CONTENT OF EMAILS YOU SEND, OR YOUR USE OF OUTPUT; (C) THE SENDING, DELIVERY OR NON-DELIVERY OF EMAILS; (D) ACTIONS IN YOUR CONNECTED MAILBOXES THAT YOU INITIATE; (E) LOSS OF DATA STORED ON YOUR DEVICE; OR (F) UNAUTHORIZED ACCESS RESULTING FROM YOUR FAILURE TO SECURE YOUR DEVICE OR CREDENTIALS.

17.5 What we do not limit. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for gross negligence or willful misconduct where the law does not permit such a limitation.

17.6 Basis of the bargain. The disclaimers and limitations in Sections 16 and 17 reflect an allocation of risk between you and us and are an essential basis of the bargain. They apply even if a limited remedy fails of its essential purpose.

18. Indemnity

18.1 Your indemnity. You will defend us and our affiliates, officers and employees against any claim by a third party, and indemnify them against resulting damages, costs, reasonable attorneys' fees and, where the law permits, fines, to the extent the claim arises from: (a) your Customer Content, including the processing of personal data of others without a legal basis; (b) your breach of the AUP or these Terms; (c) your violation of law or of third-party rights; or (d) the use of the Service by persons you permitted to use it for your purposes.

18.2 Procedure. We will notify you promptly of a claim, let you control its defense and settlement (provided that you may not settle a claim in a way that imposes an obligation or admission on us without our consent, which we will not unreasonably withhold), and give you reasonable cooperation at your expense. We may participate with counsel of our choice at our own expense.

18.3 German law. For agreements governed by German law, Part II, Section A.2 applies.

19. Changes to these Terms

19.1 Reasons. We may change these Terms for a valid reason, in particular because of changes in law or case law, new features or changes to the Service under Section 5.8, requirements of Google, Microsoft, Polar or our AI providers, security, or to clarify ambiguous wording.

19.2 Minor changes. Changes that do not affect your rights and obligations to your disadvantage, such as editorial changes, clarifications, updated contact details or rules for new optional features, take effect when we publish them with a new "Last updated" date.

19.3 Other changes. We will notify you of other changes by email or in the Software at least 14 days before they take effect, showing what changes. You can accept a change in the Software (Section 1.8(b)) or object to it in text form before it takes effect; you can also terminate your agreement, and cancel any paid Plan, free of charge before that date. If you neither accept nor object, the change is deemed accepted when it takes effect; we will point out this consequence, your right to object and the deadline in our notice. If you object, the previous Terms continue to apply to you, and we may terminate the agreement under Section 15.5. Changes do not apply to a Billing Period that has already started.

19.4 Regional rules. Part II, Section C.4(h) contains a further rule for the United States.

19.5 Earlier versions. We keep earlier versions of these Terms available on our website.

19.6 Limits of deemed acceptance. Section 19.3 does not allow us to change, by deemed acceptance, the main obligations of the parties or the balance between them, in particular the core functions of your Plan, its price (price changes follow Section 8.8 instead), the liability and termination rules, or the scope of the data you can export (Section 15.10). Such changes require your express consent.

20. Notices and Communication

20.1 To you. We send notices to the email address of your Account or show them in the Software. A notice sent by email reaches you when it arrives in the mailbox of your Account email address in a way that allows you to take note of it under normal circumstances. Please keep that mailbox in use (Section 4.2).

20.2 To us. Send notices to legal@mailistix.com or to our postal address in Section 1.1.

20.3 Form. Text form, including email, is sufficient for all notices under these Terms, including termination. We do not require any stricter form.

20.4 Service messages. We send messages that are necessary for the Service, such as sign-in codes, security alerts, billing and Plan notices, and notices of changes to these Terms. You cannot opt out of them while you have an Account. We send marketing messages only with your consent.

20.5 Language. We communicate in English and German.

21. Contact points

21.1 Single point of contact. To the extent the EU Digital Services Act (Regulation (EU) 2022/2065) applies to the Service, our single point of contact for Member State authorities, the European Commission and the European Board for Digital Services under Article 11 and for recipients of the Service under Article 12 is legal@mailistix.com. You can communicate with us in English or German. Messages are answered by a person, not only by automated tools.

21.2 Legal representative. We are established in the European Union and therefore do not need a legal representative under Article 13 of the Digital Services Act.

21.3 Reporting illegal content and abuse. Report suspected illegal content or abuse of the Service to legal@mailistix.com, as described in the AUP under "Reporting abuse".

21.4 Restrictions. Information on the restrictions we may impose, how we decide, and how you can complain is in Section 14 and in the AUP under "Enforcement".

21.5 Other contacts. Privacy questions: legal@mailistix.com. Security vulnerabilities: see our Vulnerability Disclosure Policy. Provider details: Legal Notice.

22. Governing Law and Disputes

22.1 Governing law. These Terms and all disputes arising out of or in connection with them are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict-of-laws rules.

22.2 Place of jurisdiction. If you are a merchant (Kaufmann), a legal entity under public law or a special fund under public law, or a Business Customer without a general place of jurisdiction in Germany, the exclusive place of jurisdiction for all disputes is our registered seat; we may also bring proceedings at your general place of jurisdiction. Otherwise, the statutory rules apply.

22.3 Regional rules. Part II, Section C contains different rules for Business Customers in the United States.

22.4 Talk to us first. If you have a complaint, please contact us at legal@mailistix.com first; most issues can be resolved quickly. This does not limit your right to go to court.

23. General

23.1 Entire agreement. The documents listed in Section 1.2 are the entire agreement between you and us about the Service and replace any earlier agreements about it. Information that we were required to give you before you entered into the contract and that the law makes part of the contract remains part of it. Agreements made individually between you and us take precedence over these Terms (Section 305b BGB); unless the contrary is proven, their content is determined by a written agreement or by our confirmation in text form. Your own terms and conditions do not apply, even if we do not object to them.

23.2 Assignment. You may not assign or transfer your agreement without our prior consent in text form. We may transfer our agreement with you, in whole, to an affiliated company or to a company that acquires the business to which the Service belongs. We will notify you in advance, and you may terminate the agreement with effect from the transfer. Where the Google API Services User Data Policy requires it, we will obtain your explicit prior consent before Google user data is transferred as part of such a transaction. We may use subcontractors, including the subprocessors listed on our Subprocessors page, and remain responsible for them.

23.3 Severability. If a provision of these Terms is or becomes invalid or unenforceable, the remaining provisions remain in force. For agreements governed by German law, the invalid provision is replaced by the statutory provisions. For other agreements, the provision is enforced to the maximum extent permissible, and the rest of it is severed.

23.4 No waiver. If we do not enforce a right, this is not a waiver of that right.

23.5 Force majeure. Neither party is liable for a failure or delay caused by events beyond its reasonable control that it could not have prevented with reasonable care, such as natural disasters, war, terrorism, epidemics, acts of authorities, strikes (other than at the affected party), general failures of public networks or power supply, or large-scale cyberattacks despite appropriate security measures. Payment obligations are not excused. If such an event prevents the provision of a paid Plan for more than 30 days, either party may terminate the affected Plan, and we will arrange a pro-rata refund of prepaid fees for the period after termination.

23.6 Relationship. The parties are independent contractors. These Terms do not create a partnership, joint venture, agency or employment relationship.

23.7 No third-party beneficiaries. These Terms do not give rights to third parties, except that the persons protected by Sections 17.2 and 18.1 and by Part II, Section A.1(6) may rely on those provisions, and that Apple may enforce the EULA as described in the EULA under "Additional terms for app-store distribution" if you obtained the Software from Apple's App Store.

23.8 Language. The English version of these Terms is the original. Any translations are provided for convenience. Where mandatory law in your country requires that the version in your language prevails, it does. For Quebec, Part II, Section D.1 applies.

23.9 Headings. Headings are for convenience only and do not affect interpretation.

23.10 Set-off and retention. You may set off against our claims only claims that are undisputed or have been finally established by a court, and you may exercise a right of retention only on the basis of claims arising from the same contractual relationship. This does not apply to your claims for defects or for the non-performance of the same agreement.

Part II — Regional Terms

The Regional Terms change or replace Part I for the Business Customers named in each Section. Which Section applies depends on where you have your registered seat or principal place of business. It does not depend on your Region Setting in the Software. If more than one Section applies, each applies to the extent of its scope.

A. European Union, EEA and Switzerland, and all agreements governed by German law

A.0 Scope. This Section A applies (a) to all Business Customers with their registered seat or principal place of business in the European Union, the European Economic Area or Switzerland, and (b) to every agreement that is governed by German law under Section 22 of Part I, wherever the Business Customer is based. Under Section 22.1, this includes Business Customers in the United Kingdom, Canada, Australia, New Zealand and all other countries except the United States.

A.1 Liability. Sections 16 and 17 of Part I do not apply. Instead, we are liable as follows, for whatever legal reason:

(1) Unlimited liability. We are liable without limitation (a) for intent and gross negligence; (b) for injury to life, body or health; (c) under a guarantee we have given, to the extent of that guarantee; (d) if we have fraudulently concealed a defect; (e) under the German Product Liability Act (Produkthaftungsgesetz); and (f) to the extent liability cannot be limited under other mandatory law, such as Article 82 GDPR.

(2) Slight negligence. In all other cases, we are liable for slight negligence only if we breach an essential contractual obligation (Kardinalpflicht), meaning an obligation whose fulfillment makes the proper performance of the agreement possible in the first place and on whose fulfillment you regularly rely and may rely. In that case our liability is limited to the damage that is typical for this type of contract and was foreseeable when the agreement was concluded. Otherwise, we are not liable for slight negligence.

(3) Free services. For services that we provide free of charge — the Pro Trial, the Basic Plan, Bonus Credits and other free features — we are liable only under paragraph (1)(a), (b), (c), (e) and (f), and for defects only if we have fraudulently concealed them.

(4) Loss of data. If we are liable under paragraph (2) for the loss of data, our liability is limited to the effort that would have been necessary to restore the data if you had made backups at reasonable intervals. Your emails remain stored with your mailbox provider. This does not apply in the cases of paragraph (1).

(5) Defects and limitation period. (a) Strict liability for defects that already existed when the agreement was concluded (Section 536a(1), first alternative, BGB) is excluded, and (b) claims for defects, and other claims against us for damages or for reimbursement of expenses, become time-barred one year after the start of the statutory limitation period, except in the cases of paragraph (1).

(6) Persons acting for us. The limitations in this Section A.1 also apply to the personal liability of our employees, representatives and agents.

(7) No change to the burden of proof. This Section A.1 does not change the burden of proof to your disadvantage.

(8) Data-related obligations. Notwithstanding the last sentence of paragraph (2), we are also liable for slight negligence in the breach of our obligations concerning your access to and use of your data, in particular under Section 15.10 of Part I and under the DPA, limited to the damage that is typical for this type of contract and was foreseeable when the agreement was concluded; this also applies to services we provide free of charge. Paragraph (4) remains unaffected.

(9) Other provisions. This Section A.1 governs our liability under all documents listed in Section 1.2 of Part I, including the EULA and the DPA. Other provisions in those documents that exclude or limit our liability or warranty, for example Section 6.5 and the last sentence of Section 12.2 of Part I, apply only within the limits of this Section A.1. Clause 12 of the Standard Contractual Clauses remains unaffected.

A.2 Indemnity. The obligation under Section 18 of Part I applies only if and to the extent you are responsible (vertreten musst) for the circumstances that gave rise to the claim. It covers costs of legal defense only to a reasonable extent, and it does not cover fines or penalties imposed on us.

C. United States

C.1 Scope. This Section C applies if you have your registered seat or principal place of business in the United States.

C.2 Disclaimers and limitations. Sections 16, 17 and 18 of Part I apply to you. Some states do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages, so some of those provisions may not apply to you; in that case they apply to the fullest extent permitted by the law of your state.

C.3 Governing law. These Terms are governed by the laws of the State of Delaware and applicable U.S. federal law, without regard to conflict-of-laws principles; the Federal Arbitration Act governs Section C.4. Subject to Section C.4, the state and federal courts located in Delaware have exclusive jurisdiction, and you and we consent to their personal jurisdiction. Your purchase from Polar is governed by the Polar Buyer Terms.

C.4 Dispute resolution: binding individual arbitration.

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND US TO RESOLVE MOST DISPUTES BY BINDING INDIVIDUAL ARBITRATION, AND IT LIMITS HOW YOU CAN SEEK RELIEF FROM US.

(a) Informal resolution first. Before starting arbitration or a court case, the party with a dispute must send the other a written Notice of Dispute that includes the sender's name, the email address of the Account, a description of the dispute and the relief requested. Send yours to legal@mailistix.com; we will send ours to the email address of your Account. For 60 days after the notice is received, the parties will try in good faith to resolve the dispute, including, if either party asks, in an individual telephone or video conference in which you and a representative of ours personally participate (with counsel, if you wish). Limitation periods and filing-fee deadlines are tolled during this period.

(b) Arbitration agreement. If the dispute is not resolved, you and we agree that any dispute, claim or controversy arising out of or relating to these Terms, the EULA or the Service, including their formation, interpretation, enforceability and scope, will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, as modified by this Section C.4. A single arbitrator decides. The arbitrator, not a court, decides questions of arbitrability, except that a court decides disputes about Sections C.4(d), (e), (f) and (i). The arbitration takes place by video conference or, for claims below USD 10,000, on the documents, unless the arbitrator decides that an in-person hearing is necessary, in which case it takes place in the county of your principal place of business. The arbitrator may award the same individual relief as a court, but only in favor of the individual party seeking relief and only to the extent necessary for that party's individual claim.

(c) Costs. The AAA's fees are paid as its Commercial Arbitration Rules provide. Each party bears its own attorneys' fees, unless the law or the arbitrator provides otherwise.

(d) Exceptions. Either party may (1) bring an individual claim in small claims court if it qualifies, and (2) seek injunctive relief in court to stop the actual or threatened infringement or misuse of intellectual property rights. A claim for public injunctive relief that cannot be waived under applicable law will be decided by a court after the arbitration of all individual claims, and is stayed until then.

(e) CLASS ACTION AND JURY TRIAL WAIVER. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF MORE THAN ONE PERSON, EXCEPT AS PROVIDED IN SECTION C.4(f). YOU AND WE WAIVE ANY RIGHT TO A TRIAL BY JURY.

(f) Mass arbitration. If 25 or more demands for arbitration that raise substantially similar claims are filed by or with the assistance of the same or coordinated counsel within 180 days ("Mass Filing"): (1) the parties first select up to 10 demands (five each) to proceed as bellwether arbitrations; the remaining demands are not filed with, or are held in abeyance by, the AAA, and no fees are due for them until they proceed; (2) after the bellwether awards, the parties will engage in a global mediation of the remaining claims for at least 60 days; (3) if mediation fails, the remaining demands proceed in batches of up to 50, each batch decided by one arbitrator, with fees charged per batch. Limitation periods are tolled for all demands while they are held. A court may enforce this subsection.

(g) Opt-out. YOU MAY OPT OUT OF THIS ARBITRATION AGREEMENT by sending an email to legal@mailistix.com within 30 days after you first accept these Terms, stating your name, the email address of your Account and that you opt out of arbitration. Opting out does not affect any other provision of these Terms or any earlier arbitration agreement you made with us.

(h) Changes. If we make a material change to this Section C.4, we will notify you at least 30 days in advance, and you may reject the change within 30 days after it takes effect by email to legal@mailistix.com; the previous version then continues to apply to you. A change never applies to a dispute of which a party gave notice before the change took effect.

(i) Severability. If the class action waiver in Section C.4(e) is found unenforceable for any claim or type of relief, that claim or relief is severed and decided by a court (not in class arbitration), after the individual arbitration of the remaining claims, which it does not affect. If any other part of this Section C.4 is found unenforceable, the rest remains in force.

(j) Survival. This Section C.4 survives the end of your agreement with us.

C.5 Electronic communications. You consent to receive notices and agreements electronically and agree that they satisfy any requirement that they be in writing (Electronic Signatures in Global and National Commerce Act). You can withdraw this consent by deleting your Account.

C.6 Export control and U.S. Government end users. The EULA's provisions under "Export control and sanctions" and "U.S. Government end users" apply.

D. Canada

D.1 Quebec. We do not yet offer the Service in Quebec. Until we provide these Terms and all related documents in French first, as the Charter of the French Language requires, Business Customers whose registered seat or principal place of business is in Quebec must not create an Account or buy a Plan (Section 3.7 of Part I).

E. Australia

E.1 Australian Consumer Law. Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If a failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

E.2 Relationship to the rest of these Terms. Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or other law that cannot be excluded, restricted or modified. The liability provisions that otherwise apply to you (Part I, Sections 16 and 17, or Part II, Section A.1) apply only subject to this Section E.

E.3 Limitation to resupply. Where the services are not of a kind ordinarily acquired for personal, domestic or household use or consumption, and to the extent permitted by Section 64A of the Australian Consumer Law, our liability for a failure to comply with a consumer guarantee is limited to supplying the services again or paying the cost of having them supplied again.

E.4 Unfair contract terms. These Terms do not apply to the extent that a term would be unfair under the unfair contract terms provisions of the Australian Consumer Law, which also protect small businesses.

E.5 Courts for small businesses. If you are a small business within the meaning of section 23(4) of the Australian Consumer Law, Section 22.2 of Part I does not prevent you from bringing proceedings against us in the courts of the Australian state or territory in which you have your principal place of business.

F. New Zealand

F.1 Business use. You acquire the Service for the purposes of a business, and you agree that the Consumer Guarantees Act 1993 does not apply (Section 43 of that Act), that, to the extent permitted, Sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986 do not apply (Section 5D of that Act), and that it is fair and reasonable for you to be bound by this Section F.1.

G. Other countries

G.1 If your registered seat or principal place of business is in a country not named in this Part II, the mandatory laws of that country that protect you apply in addition to these Terms, and provisions of these Terms apply only to the extent those laws permit.

G.2 If you have questions about how these Terms apply in your country, contact us at legal@mailistix.com.