Terms and Conditions

GENERAL TERMS AND CONDITIONS OF THE EMAIL MACHINE SERVICE 

(hereinafter referred to as the “Terms and Conditions“) 

Who are we? We are Email Machine s.r.o., ID No.: 03568831, with its registered office at Václavská 2073/20, Nové Město, 120 00 Prague 2, registered in the Commercial Register maintained by the Municipal Court in Prague under file number C 409739, represented by Michal Finta, managing director (hereinafter referred to as “Email Machine” or “we“). 

• Why do we enter into these Terms and Conditions? In order to provide our Services in a high-quality manner, we must establish the basic parameters of our cooperation. In some cases, we are required to do so by law.
• Why read the Terms and Conditions at all? We understand that no one wants to read long and complicated legal texts. However, in order to give you a basic understanding of our relationship, rights and obligations, we recommend that you familiarise yourself with them. Our goal is to make reading easier for you, so we have decided to present everything in the form of questions and answers.

A FEW BASIC CONCEPTS

To simplify the language, improve clarity and readability, here are a few terms that we will repeat throughout the text:

(Email Machine and the User are hereinafter collectively referred to as the “Parties” and individually as the “Party“)

1. WHAT NEEDS TO BE CLARIFIED AT THE OUTSET?
   1. What do we need you to confirm? In order to conclude a contract, a handshake is not enough. We need you to declare a few basic things:
      1. you are fully capable of performing legal acts (concluding contracts such as this one),
      2. all information you provide to us is true, complete, accurate and correct,
      3. you will not use our Services in violation of the laws of the Czech Republic or any other country, nor will you use the Service for any purpose other than that for which it is intended;
      4. you will not act in contravention of our Terms and Conditions, with which you have undoubtedly familiarised yourself in detail beforehand.
   2. What should we expect from each other? The basis is your right to use our Service, for which we are entitled to demand Remuneration in accordance with the Price List. Detailed conditions for the provision of the Service are set out in these Terms and Conditions.
   3. What does the Service entail? Our Service consists of providing software-as-a-service solutions for sending commercial communications (emails), creating emails, managing databases, mailings, reports, and other Services. The Service primarily includes:
      1. your use of the Service under these Terms through your User Account for the Tool and User Interface;
      2. you can edit our email templates for sending emails to your subscribers;
      3. in return, you are obliged to pay us the agreed Remuneration.
   4. What is the minimum age for using the Service? Our Service is intended for persons aged 16 and over. 
   5. Is this Service for consumers? No. Our Service is intended exclusively for entrepreneurs, whether legal entities or natural persons, or public authorities, public corporations or other legal entities within the scope of their activities.
   6. What if I am a consumer? If you, as a consumer, are interested in using the Service, you are obliged to inform us of this before registering, so that we can inform you of your rights. We must agree on this together in advance.
2. INTELLECTUAL PROPERTY EMAIL MACHINE
   1. Who owns the Tool and the Service? All intellectual property rights associated with the Service and the Tool belong to Email Machine. 
   2. Does the Service work in such a way that I receive the Tool and licence? No. This is a "software as a service" Service. This means that we provide you with software as a Service for your use. You may not reproduce, download, install or distribute it in any way, nor incorporate it into other software without our written consent. We always retain the copyright to our software. Unless otherwise stated, by providing the Service we do not grant you a licence, sub-licence or other similar transfer of intellectual property rights.
   3. If we create additional intellectual property within the Tool, how do we view it? If we create additional intellectual property or other protected intangible elements during our contractual relationship, it becomes part of our Service and Tool.
3. IN WHAT CASES DO LICENCES EXIST AND HOW DO WE VIEW USER CONTENT?
   1. What intellectual property do I create in the Tool as a User? If you create a unique campaign in the Tool and send it to your Database, then the Content is exclusively yours. It may be your intellectual property or that of another third party who created the Content. 
   2. Does Email Machine also provide Licensed Content or Licensed Software? Our Tool is not Licensed Content. However, what we can license as Licensed Content within the scope of using the Service are texts, sounds, images, photographs, videos, fonts or other materials, information or works (including copyrighted works) or other intangible elements in our Email Template Editor. Licensed software is an API key for connecting to your information system and, if applicable, a modified email template. Our goal is to make your use of the Service as user-friendly as possible.
   3. What about the Shoptet Add-on? We provide you with a non-exclusive licence for the Shoptet Add-on. We are responsible for the provision and content of the Shoptet Add-on, and you are obliged to use it in accordance with its purpose and our Services.
   4. Why is Licensed Content important? Without Licensed Content, it would not be possible to use our Service effectively. It allows you to edit Email Templates or create your own campaign. We provide you with a licence under the Copyright Act for these specific purposes so that you can make copies of them, incorporate them into another campaign or work, and otherwise use them.
   5. What kind of licence do we provide? The licence is always non-exclusive (we may also grant it to other persons) and geographically unrestricted (i.e. worldwide) and only for the duration of our contractual relationship under these Terms and Conditions. The licence is only for the permitted use of the Licensed Content in accordance with these Terms and Conditions. You may not grant this licence (or sub-licence) to third parties.
   6. How much will Licensed Content cost you? Nothing extra. Everything is included in the total Remuneration according to the Price List.
   7. Why are we not responsible for User Content? We cannot control the User Content you create and therefore cannot be held responsible for it. You are responsible for the distribution of the Content, which is fully in accordance with Sections 3, 4 and 5 of Act No. 480/2004 Coll., on certain information society services. You must not violate any legal regulations or interfere with the rights of Email Machine or third parties. 
   8. What happens if we find that User Content violates these Terms or the law? We will notify you and may suspend the Service to minimise the negative impact on Subscribers. It is not a breach of these Terms if the Service is not provided properly because User Content violates these Terms.
   9. What are the legal consequences of violating the Terms and Conditions? If you violate the rules regarding Content, we have the right to withdraw from the contractual relationship we have entered into under the Terms and Conditions at the moment of violation. You will no longer be able to use our Service and we will block your User Account. At the same time, we will demand compensation for the damage incurred, including non-pecuniary damage. 
4. 1. I want to use the Service. Do I need to register? You must register to use our Service. In the registration form, you agree to provide accurate and complete information. You are also required to update this information if anything changes on your part. You can register on our website. By registering, you confirm that you have read and agree to these Terms and Conditions and acknowledge that we will process some of your personal data in accordance with our Personal Data Processing Policy. 
   2. What password should you choose? We care about security. That is why we would like you to have a password that is at least 12 characters long and contains a combination of lowercase and uppercase letters, numbers, and special characters. We also recommend that you enable two-step verification in your user account to prevent data leaks.
   3. What if my login details are misused? If, despite the security measures in place, your login details are misused, please report this to us immediately. We will be happy to help you. At the same time, you are obliged to immediately choose new login details for your User Account. 
   4. Can I deactivate my User Account? Yes, your User Account can be deactivated. If you wish to deactivate your User Account, please contact us at podpora@emailmachine.cz. If you request deactivation of your User Account during the Billing Period, your User Account will be cancelled at the end of the Billing Period. The fee for this period will not be affected.
   USER REGISTRATION
5. WHAT ABOUT OTHER USERS?
   1. Can I register other people? Yes, you can add other people with access to your User Account within your User Account. By providing correct and complete information, they will obtain the right to use the Service within your User Account.
   2. What are the responsibilities of these additional persons? The same as those of the registering User. They express their agreement with the terms and conditions by clicking on the invitation in the email sent by the registering User.
   3. Can these sub-accounts have different permissions? Yes, you set their access scope in the invitation. You can then adjust it while using the Service. You can adjust the scope of permissions they have with the Tool and how they can use the Service. Within the User Account, this may include:
      1. The manager has access to your entire user account and therefore to all available functions.
      2. Workers have limited options; they can work with campaigns but do not have access to all functions.
      3. The operator only has basic access to the user account, specifically to the GDPR interface, i.e. to basic data about email contacts and the option to delete or edit them.
   4. What about liability for damage caused by other users? We are not liable for any damage incurred by you as a result of or in connection with setting the access level of another user. Furthermore, we are not liable for any damage caused to you by users you have invited.
   5. Are there different levels of user accounts? In addition to different levels of users, we also have different levels of user accounts. We distinguish between parent and child user accounts.
   6. What is the difference between a parent and child User Account? If you use a parent User Account, you will be able to see all data within your child User Accounts. This option is particularly suitable for agencies, as it allows them to manage multiple User Accounts for their clients.
   7. How do you register a parent or child User Account? If you wish to register a parent User Account, you must first contact us and we can create it for you after mutual agreement. The same applies to child User Accounts; these are also only available upon request and after agreement with us.
   8. How do you remove a subordinate User Account from a parent account? If you no longer wish to maintain a subordinate User Account within an assigned parent User Account, please contact us and we will remove it after consultation with the parent User Account.
   9. What about liability? In this case, we are not liable for any damage or non-pecuniary harm caused within the subordinate or superior User Account. However, we will be happy to assist you in case of any difficulties.
6. WHAT ARE THE FORMS OF REMUNERATION FOR THE SERVICE?
   1. How can you pay for the Service? When using Email Machine Services, you can pay for the Service in three ways:
      1. Credits. When purchasing Credits, you will pay the Fee specified in the Price List. The method of payment will be specified below.
      2. Tariff. When using tariff payment, the User shall pay the Remuneration for each Billing Period according to the type of Tariff used, which is specified in the Price List.
      3. Cost Per Thousand (CPT). With some Users, we may agree on a payment method per thousand emails sent (CPT). The User is not entitled to this payment option; it can only be agreed upon based on a contract offered by Email Machine.
   2. Can I choose how I pay the Remuneration? Yes, you can choose between payment by Credits and Tariff. You cannot choose the payment method for CPT unless we contact you. You can change the Remuneration payment options, but when paying by Tariff, the change will always take effect after the end of the Billing Period, and the amount and our claim to Remuneration will remain unaffected.
   3. Can I try the Services for free? Yes, you can. To try our Services for free, you must fill in the necessary information on this website. The free service can only be tried using the free Credits you receive; we do not offer a free tariff.

HOW DOES CREDIT PAYMENT WORK?

4. How much do Credits cost? Credits are used to access the Services. Their price corresponds to the current Price List, where you can choose from several options for the amount of Credits exchangeable for money. One Credit corresponds to one email sent as part of a mailing. Credits can be purchased directly within the Tool and will be credited to the User Account upon receipt of full payment. Payment can be made by credit card or by bank transfer to our bank account based on an invoice issued by us.
5. How can I use Credits? Credits can only be used to send emails within your Database; they cannot be used for certain partial Services. Email Credits are deducted from your User Account when an email is sent. You can find an overview of your current number of Credits and their usage in your User Account.
6. How long are Credits valid? Credits are valid for 24 months from the date of purchase. Purchased Credits cannot be exchanged for cash.
7. What if I want to use a Tariff or CPT instead of Credits? In this case, we will credit any unused Credits towards the specified Remuneration for the selected Tariff or under the CPT agreement. You agree to this crediting, and even in this case, there is no entitlement to exchange Credits back for money.
8. What about credits in the parent account? With a parent user account, you cannot use credits from subordinate user accounts. All credits must be used from this parent user account.

HOW DOES PAYMENT BY TARIFF WORK?

9. What tariffs do we offer? We offer the following tariffs, which are based on the number of emails in the database, ranging from 500 contacts to an unlimited number. We are entitled to remuneration for these tariffs.
10. How much does it cost and what does the Tariff offer you? All information about the features and prices of the Tariffs can be found in the Price List and your User Account. The fee is paid as a lump sum for the Billing Period. The fee can be paid on the basis of an invoice issued by us with the specified due date to our bank account or by credit card online.
11. What if I exceed the number of emails in the Database for a given Tariff? In the event that the number of contacts in the User Database exceeds the maximum number of emails in the User Database, you will automatically be placed in a higher Tariff, which is listed in the Price List. We are entitled to charge a Fee corresponding to the new number of contacts in the User Database in the month following the month in which the change occurs.
12. How will the Remuneration be paid if the Tariff is exceeded? If the Billing Period is one month, the Remuneration for a different Tariff will be changed from the next Billing Period when the Tariff change occurred. If the Billing Period is one year, a supplementary invoice will be issued, which will calculate the increased Remuneration from the month following the Tariff change until the end of the Billing Period. Such a supplementary invoice may be issued repeatedly. If, during a given annual Billing Period, the Tariff is reduced to one with a lower Fee, the User is not entitled to a refund of part of the Fee, unless Email Machine itself proposes and approves this.

7. 1. How does the User pay the Fee? The amount of the Fee and the method of payment depend on the selected method of using our Service (Credits, Tariff, CPT). It can therefore be paid as a lump sum or a one-off payment according to the Price List. Prices are always quoted excluding VAT, unless otherwise stated. The amount of VAT charged may vary depending on changes in legislation.
   2. Can we change the Price List? Yes, we can unilaterally change the Price List. Any change to the Price List will always be announced on the website and directly to the Users concerned by email or in their User Account at least 15 days before the change is made. If you do not agree with the change to the Price List, you have the right to withdraw from the contract concluded under these Terms and Conditions.
   3. How can I pay the Remuneration? You can pay the Remuneration by credit card or bank transfer to our bank account based on the issued invoice. The options are also specified for individual programmes using the Service. For the correct payment of the Remuneration, you are obliged to always provide accurate, valid and complete information for billing and payment and to update it regularly.
   4. What if there is a delay in payment? Without proper payments, we cannot operate. Therefore, if there is a delay in payment of the Remuneration of more than 5 days after its due date, even if it is only part of the Remuneration, we may restrict the provision of the Service to you in accordance with these Terms and Conditions. Once the entire Remuneration has been paid, we will be happy to restore the scope of the Services.
   5. Where can I find an overview of payments and tax documents? In your User Account. A tax document in PDF format is generated automatically after the entire amount of the Remuneration has been paid.
8. 1. What are you required to comply with when using the Tool and our Services? You agree to:
      1. You shall not engage in any activity that may disrupt, damage, compromise or restrict the Tool or Services;
      2. You shall only access the Tools and our Services through the interface designated for that purpose;
      3. you will not disclose or make available your identification details and passwords to anyone, you will immediately report any misuse of your identification details and passwords to us, you will endeavour to prevent this by choosing a high-quality and secure password;
      4. verify the domain you wish to use for sending emails.
   2. What kind of emails should you not send? When sending emails, we ensure that the use of our Service complies with legal regulations and is not abused in a manner that is contrary to our principles at Email Machine. Therefore, we insist that your emails:
      1. did not incite non-compliance with obligations imposed by law or criminal offences, nor did they approve of such acts or praise the perpetrators;
      2. did not contain any parts that encourage the abuse of addictive or life-threatening substances or promote or incite the abuse of such substances;
      3. did not contain any parts that threaten other persons or groups of people with death, bodily harm or damage;
      4. did not contain any parts that incite hatred towards any nation, ethnic group, race, religion, class or other group of persons, or that restrict the rights and freedoms of their members;
      5. did not contain pornographic works, especially those depicting children or showing violence or disrespect for human beings, and did not allow persons under the age of eighteen to access any pornographic works;
      6. prevent persons under the age of eighteen from accessing any pornographic works; 
      7. did not contain any parts that defame any nation, its language, any ethnic group or race, or any group of people because of their political beliefs, religion or because they are non-religious;
      8. did not contain false or misleading information about another person that could significantly undermine their reputation among fellow citizens, in particular damage them in their employment, disrupt their family relationships or cause them other serious harm; 
      9. do not support movements that demonstrably aim to suppress human rights and freedoms or promote national, racial, religious or class hatred or hatred towards other groups of people, or publicly express sympathy for such movements; 
      10. do not infringe the intellectual property rights (copyright, rights related to copyright, industrial rights, etc.) of other persons, in particular Email Machine;
      11. did not contain parts generated by artificial intelligence, unless such parts of the emails were marked as generated by artificial intelligence, and did not contain in any form deepfake images, videos or other audio tracks generated by artificial intelligence and presented as real;
      12. unlawfully used trademarks, trade names and protected designations of origin to which a third party has exclusive rights, or any designation that could be confused with them;
      13. promoted illegal products and services;
      14. promoted escort services and erotic dating sites; 
      15. were contrary to good morals.
   3. What if you breach these obligations? We may immediately stop providing the Service to you, even without prior notice, without being in breach of these Terms. We may also deny you access to the Tool and terminate the contractual relationship under these Terms.
   4. Will I be liable for damages in the event of a breach? Yes, in such a case, compensation for damages will be necessary. You will reimburse us for all costs and expenses incurred as a result of the breach (in particular due to claims by third parties).
   5. What about compensation for damages? In the event of a breach under the previous article, the payment of expenses and costs shall not affect our claim for compensation for property damage and non-property damage. You shall compensate us for such damage either directly or through a third party. The provisions of the previous and this article also apply to situations arising from complaints by customers from your database.
   6. Is any technical equipment required from the User? You are obliged to obtain and use technical equipment that enables you to use the features of the Service. We are not responsible for any limitations of certain features of the Service due to insufficient technical equipment.
   7. Who owns the Email Database? You are the sole creator of your Database. For the purposes of providing services under these Terms and Conditions, you grant us consent to extract your Database, containing data in accordance with the provisions of Section 90(2) of the Copyright Act.
   8. What about the availability and maintenance of the Shoptet Add-on? We will provide the availability of the Shoptet Add-on at least 99% of the time each calendar month, unless it is impossible to do so (e.g. force majeure, etc.). Availability may be limited by planned downtime of up to 4 hours per calendar month. We are responsible for the operation and any defects in the Shoptet Add-on. If you have any questions or complications, please contact us exclusively (see Article 11.1.).
9. WHAT ARE THE RIGHTS AND OBLIGATIONS OF EMAIL MACHINE?
   1. What are our obligations regarding email delivery? Our primary obligation within the Service is to ensure that emails are delivered to the contacts you specify. If any emails are not delivered or are sent incomplete or damaged, we are not liable for any damage or harm, unless the technical error is on our part.
   2. Can we use your domain to send emails? Yes, otherwise it would not be possible to provide the Service. We therefore have the right to use your verified domain to send emails (@userdomain.co.uk).
   3. Can we change the Service? Yes, we are entitled to change the content and functions of the Service. We will update it regularly and add or remove functions. We will inform you about this by email, on our website or in your User Account. If you do not agree with the changes, you cannot reject them because you are using the Service "as is". However, you always have the option to withdraw from the Agreement in accordance with the Terms and Conditions.
   4. What about Service outages? We are not responsible for service outages. However, we will make every reasonable effort to restore the Service as quickly as possible. The Service may also not be provided in the event of technical difficulties on your part, internet outages, or circumstances that require the cooperation of third parties.
   5. Can we check your User Account? Yes, we have the right to check your User Account or randomly selected campaigns and suspend the Service in the event of a breach of these Terms or the law. We definitely do not do this regularly or often, but we must retain the option to do so. This is so that we can identify any illegally distributed Content and stop its distribution. 
   6. How does the API key work? We can grant you access to your data and the Personal Data of your Subscribers via a so-called API interface. In such a case, you are obliged to ensure that only authorised persons have access to the API interface. We are not liable for any loss of data or breach of Personal Data protection in the event of misuse of access to the API, even if the data is misused after being made available via the API.
   7. May we refer to you in our references? By confirming these terms and conditions, you agree that we may refer to you as our customer in marketing materials and on our website. For this purpose, you grant us a non-exclusive, worldwide licence for the duration of our contractual relationship to use your brands, logos or trade names. You may revoke your consent and the licence granted at any time by sending an email to podpora@emailmachine.cz.
   8. How is Necessary Maintenance performed? One of our obligations is to perform Necessary Maintenance, during which the Service is not provided in accordance with these Terms and Conditions. We will always notify you of Necessary Maintenance, including any updates, at least 24 hours in advance via your User Account or by email. Necessary maintenance will most often take place once per quarter (four months).
10. 1. Why are we not responsible for your data? Because we cannot verify the completeness and accuracy of the data you enter, we cannot be held responsible for it. Similarly, we are not responsible for any loss, damage or destruction of such data. It is necessary to back up such data before entering it into the Service.
    2. What about integrating other software into the Service? If you integrate software into the Tool or User Account, we are not responsible for its functionality; this responsibility lies with the providers of the software in question.
    3. What if Essential Maintenance is in progress? If we perform Essential Maintenance, we shall not be liable for any financial losses incurred due to the suspension of the Service for the purpose of updating or Essential Maintenance.
    4. What if something beyond our control restricts or prevents the Service? We are not responsible for preventing or restricting the use of the Service due to any technical circumstances beyond our control or whose resolution requires the cooperation of third parties.
    5. Does this also apply to force majeure, and what does it mean? Yes, it does. It refers to any obstacle that has arisen independently of our will and prevents us from fulfilling our obligations, if this obstacle could not reasonably have been foreseen or averted. 
    6. Are we responsible for links to third-party websites or services? No. We do not own or operate such websites or services. Therefore, we are not responsible for their content or cybersecurity.
    7. Are we liable for damages? If we are liable for damages or harm, the amount of such damages shall be limited to the amount of Remuneration paid by you over the last 6 months. This shall also apply to any damages incurred after the termination of the contractual relationship between us.
11. HOW DOES CUSTOMER SUPPORT, DEVELOPMENT AND COMPLAINTS WORK?
    1. How does customer support work? Our customer support is available via email at podpora@emailmachine.cz or by telephone at +420 734 500 249. We will endeavour to resolve your request as quickly as possible, but we cannot guarantee the availability of customer support.
    2. How does technical support work? Our technical support is available on weekdays from 9:00 a.m. to 5:00 p.m. at podpora@emailmachine.cz or at the telephone number listed in our contacts.
    3. Can you request development? Yes, you can. If it is within our technological capabilities, we will be happy to comply, but we are entitled to charge you a fee for the work of our developers and specialists for this partial Service. We will inform you of the approximate amount in advance and ask you to expressly approve it by e-mail.
    4. What if the Service has a fault? You may submit a written complaint about faults in the Service to podpora@emailmachine.cz, providing a detailed description and the time of occurrence, no later than forty-eight (48) hours after discovering such a fault. Complaints submitted later will not be accepted, and you will lose your right to any compensation.
    5. When will we resolve your complaint? We are obliged to resolve your complaint within thirty (30) days of receiving it. If the complaint is justified, you are entitled to compensation for the faulty Service. The complaint does not affect the payment of the Reward. 
12. 1. What if the Service is restricted or suspended? We may decide to restrict or suspend the Service if there is a breach of these Terms and Conditions and/or legal regulations. We will notify you of this at least fifteen (15) days in advance by email or via your User Account, unless one of the following situations applies:
       1. There has been a breach of the obligations under Article 8 of the Terms and Conditions;
       2. we are subject to a legal or regulatory obligation requiring us to terminate the provision of Services to a business User in a manner that does not allow us to comply with the notice period;
       3. we exercise our right to terminate the provision of Services for urgent reasons in accordance with applicable law; or
       4. we are able to prove that you have repeatedly violated these Terms and Conditions or legal regulations, which led to the termination of the Service.
    2. What if the issue is not resolved? In such a case, we may terminate the provision of the Service. We will send you such a decision at least thirty (30) days before it takes effect to your email address or via your User Account.
13. 1. How long does the contractual relationship last? Our contractual relationship begins when you register for the Service and is for an indefinite period.
    2. How can you terminate the contract? You have the right to unilaterally terminate the contractual relationship under these Terms and Conditions without giving any reason, by requesting that we deactivate your User Account. The contractual relationship under these Terms and Conditions shall be deemed terminated on the last day of the Billing Period in which the User Account was deactivated.
    3. How can we terminate the contract? We also have the right to terminate the contractual relationship in accordance with the Terms and Conditions without giving any reason by sending a notice to your email address or by deactivating your account, of which we will inform you in accordance with Article 12.1. The contractual relationship shall be deemed terminated on the last day of the Billing Period in which the notice of termination was delivered to the User or in which the User's User Account was deactivated.
    4. Can the contractual relationship be terminated due to inactivity in the User Account? Yes, if you do not log into your User Account for 2 years, we assume that you are no longer interested in using it. We are entitled to delete your User Account, including your Database. We will inform you of the deletion by email.
    5. Can a User Account be deleted earlier than after 2 years? Yes, we can delete a User Account earlier (than according to Article 13.4) if you use the Service free of charge and have not filled in at least most of the information. In such a case, we can delete the User Account, including the Database, within 30 days of your last login.
    6. What if we lose our ability to provide the Service? You agree that if we lose our ability to provide the Service through no fault of our own, e.g. due to a change in legislation, the contractual relationship shall be deemed terminated at that moment, which shall not be considered a breach of these Terms and Conditions. 
    7. What if you materially breach the Terms? We have the right to withhold the Service and terminate the contractual relationship in the event of such material breaches:
       1. In the event of any breach specified in Article 12.1. regarding restrictions on the Service;
       2. any action that may in any way compromise the software necessary to provide the Service, or attempting to use it to share or exchange data via Peer To Mail technology; 
       3. if you circumvent the Price List for the Service (e.g. by dividing the Database for a lower Tariff); 
       4. if you import a Database that contains more than 2% of non-existent electronic contacts, or if you even attempt to use a Database during the provision of the Service to which you do not have legal title to process the personal data of Subscribers, or if you use such data without legal grounds;
       5. if you distribute commercial communications that are marked as spam by the Subscriber, i.e. unsolicited communications without prior consent or a contractual relationship, in excess of 0.05%, spam is understood to be any message that conceals the fact that it is a commercial message, conceals the sender, does not contain information and an address where to request to stop sending, concerns the sale or promotion of prescription drugs, the sale of alcohol and tobacco products, drugs, firearms, online gambling, paedophilia and similar medically recognised deviations and disorders;
       6. if you use the Service in a manner that may harm us, and/or if you attempt to misuse, block, modify or otherwise alter any part of our Service;
       7. if you even attempt to obtain the login names and/or passwords of other Users of the Service.
    8. What if I paid the Fee and then materially breached the Terms? If you materially breach the Terms, you are not entitled to a refund of any portion of the Fee already paid for use of the Service.
14. WHERE CAN I FIND INFORMATION ABOUT PERSONAL DATA PROTECTION?
    1. Do we have a publicly available data processing agreement (DPA)? Yes, the data processing agreement is Appendix 1 and an integral part of these Terms and Conditions. 
    2. Where can I find the personal data processing policy? Our handling of personal data is described in detail in our Personal Data Processing Policy.
15. 1. Which legal system do we follow? These Terms and Conditions are governed by the legal system of the Czech Republic, while conflict of law rules of private international law are excluded.
    2. How are disputes resolved? We will always try to resolve any disputes between us amicably. If an amicable solution cannot be reached, the matter will be referred to the courts. We agree that any disputes arising in connection with the use of the Service will be resolved by the court with jurisdiction over the territory of the District Court for Prague 2 in the Czech Republic.
    3. Which parts of the Terms and Conditions remain in force after termination of the contract? The rights and obligations set out in the provisions of Articles 2 (Intellectual Property), 3 (Licence) and 10 (Email Machine's Liability), and paragraphs 5.4 (Liability of Other Users), 5.9 (Parent Account Liability), 8.4 (Payment of Costs in Case of Breach), 8.5 (Compensation for Damages in Case of Breach) and 13.8 (Payment of Compensation in Case of Breach of the Terms and Conditions) shall remain in force even after the termination of the contractual relationship under these Terms and Conditions.
    4. Can the Terms and Conditions be changed unilaterally? Yes, these Terms and Conditions may be changed or cancelled unilaterally by us in writing. Notice will be given at least 15 days in advance by email or in a notification in the User Account.
    5. How does legal succession work? The rights and obligations arising from these Terms and Conditions shall, in the event of termination or any other legal circumstances resulting in the transfer of rights and obligations, pass to the legal successor of the User or Email Machine.
    6. When do the Terms and Conditions become valid and effective? These Terms and Conditions become valid and effective on 1 July 2025.