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Terms of Service

Last updated: 2 May 2026

These Terms of Service ("Terms") govern your access to and use of the ExcellenceMail website at excellencemail.com and the email marketing platform (collectively, the "Service") provided by ExcellenceMail ("we", "us", "our"). By creating an account or using the Service, you agree to these Terms.

1. Eligibility

You must be at least 18 years old and able to enter into a binding contract to use the Service. By using the Service, you represent that you meet these requirements.

2. Account

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. Notify us immediately at office@excellencemail.com if you suspect any unauthorized access.

3. Acceptable use

You agree to use the Service only for lawful purposes and only to email recipients who have given prior, verifiable consent to receive your communications. You must not:

  • Send unsolicited bulk email (spam) or use purchased, rented, or scraped lists.
  • Send content that is unlawful, deceptive, defamatory, or infringing.
  • Send phishing, malware, or fraudulent communications.
  • Attempt to circumvent sending limits, deliverability controls, or abuse-prevention systems.
  • Use the Service to impersonate another person or entity.
  • Send to recipients who have unsubscribed or marked your previous emails as spam.

Every campaign sent through the Service must include a working unsubscribe link and clear identification of the sender, in compliance with applicable law (including GDPR, the ePrivacy Directive, and the CAN-SPAM Act where relevant).

4. Subscriber consent

You represent and warrant that all recipients on your lists have given valid, documented consent to receive email from you. We may, at our discretion, request evidence of such consent. Failure to provide it may result in suspension of your account.

5. Suspension and termination

We may suspend or terminate your account, without refund, if you breach these Terms, generate excessive bounces or complaints, or use the Service in a way that threatens the deliverability or reputation of our infrastructure or other customers. We will notify you of suspension where reasonably possible.

You may close your account at any time by contacting office@excellencemail.com. Closure does not entitle you to a refund of pre-paid fees except where required by law.

6. Fees and billing

The Service may be offered on a free or paid basis. Paid plans are billed in advance on a recurring basis. All fees are exclusive of VAT, which is added where applicable. We may change pricing with at least 30 days' notice.

7. Intellectual property

We retain all rights to the Service, including the website, software, brand, and documentation. You retain all rights to the content you upload (campaigns, subscriber lists, creative assets). You grant us a limited license to process this content solely to provide the Service to you.

8. Data protection

Our processing of personal data is described in our Privacy Policy. Where you upload subscriber data, we act as your processor under Article 28 GDPR. By accepting these Terms, you also accept our Data Processing Agreement, available on request.

9. Disclaimer of warranties

The Service is provided "as is" and "as available". We do not warrant that the Service will be uninterrupted, error-free, or that all messages will reach the inbox. Inbox placement depends on factors outside our control, including recipient mail server policies.

10. Limitation of liability

To the maximum extent permitted by law, our total liability for any claim arising out of or relating to the Service is limited to the fees you paid in the 12 months preceding the claim. We are not liable for indirect, incidental, or consequential damages, including lost profits or lost data.

11. Indemnification

You agree to indemnify and hold us harmless from any claim, damages, or costs (including reasonable legal fees) arising from your use of the Service, your content, or your breach of these Terms.

12. Changes to the Terms

We may update these Terms from time to time. Material changes will be notified to you by email or through the Service at least 30 days before they take effect. Continued use of the Service after the effective date constitutes acceptance.

13. Governing law and jurisdiction

These Terms are governed by the laws of Austria, excluding its conflict-of-laws rules. Disputes arising from or related to these Terms are subject to the exclusive jurisdiction of the competent courts of Vienna, Austria, unless mandatory consumer-protection law requires otherwise.

14. Contact

For questions about these Terms, contact office@excellencemail.com.

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