General Terms and Conditions

1.1 These General Terms and Conditions (hereinafter „Terms“) apply to the use of the email sending service „emlyx“ (hereinafter „Service“), provided via the domains emlyx.eu, app.emlyx.eu, and webmail.emlyx.eu.

1.2 The operator of the Service is:
PROXALY OÜ
Registration number: 16726093
VAT ID: EE102611229
Sepapaja tn 6, 15551 Tallinn, Estonia
Email: info@proxaly.com
(hereinafter „Provider“)

1.3 These Terms apply to all users of the Service, regardless of whether the use is free or paid. By registering, the user agrees to the applicability of these Terms.

1.4 Deviating terms and conditions of the user shall not be recognized unless the Provider expressly agrees to their applicability in writing.

1.5 Use of the Service requires that the user is at least 18 years of age and has full legal capacity.

2.1 The Provider offers an email sending service for WordPress websites. The Service includes in particular:

• A WordPress plugin that intercepts the WordPress function wp_mail() and sends emails via the emlyx infrastructure
• A dashboard for managing projects, domains, and email logs (app.emlyx.eu)
• A webmail client for receiving and sending emails (webmail.emlyx.eu, from the Starter plan onwards)
• Email forwarding, conversation threading, contact management, and signatures (depending on the plan)

2.2 Email sending is performed via the third-party provider Resend (Resend, Inc., USA). The Provider is responsible for the proper forwarding of emails to the third-party provider, but does not guarantee delivery to the final recipient. Deliverability depends on factors beyond the Provider's control (e.g., recipient spam filters, the user's DNS configuration).

2.3 The Provider makes the Service available within the scope of technical and operational capabilities („best effort“). There is no entitlement to uninterrupted availability.

2.4 The Provider reserves the right to expand, modify, or restrict the range of features of the Service at any time, provided this is reasonable for the user.

3.1 Use of the Service requires registration at app.emlyx.eu. The user is obligated to provide truthful and complete information during registration.

3.2 Each user may only create one user account unless the Provider expressly authorizes additional accounts.

3.3 The user is solely responsible for keeping their access credentials (email address, password, API token) confidential. All actions performed under their access credentials shall be deemed authorized by the user.

3.4 The user must inform the Provider immediately upon becoming aware that third parties have gained unauthorized access to their account.

3.5 API tokens are stored in encrypted form. The user is nevertheless obligated to keep their tokens confidential and not to disclose them to unauthorized third parties.

4.1 The Free Plan includes a monthly quota of 100 emails, a subdomain under @emlyx.eu, and access to the dashboard. The webmail client and custom domains are not included in the Free Plan.

4.2 The Provider may discontinue the Free Plan at any time, without prior notice, and without giving reasons for individual or all users. This includes in particular:

• Complete shutdown of the Free Plan
• Reduction of the monthly email quota
• Restriction of features
• Suspension or deletion of individual Free Plan accounts

4.3 There is no legal entitlement to the provision or maintenance of the Free Plan. The user has no claim to damages, compensation, or data restoration in the event of discontinuation.

4.4 The Provider will endeavor – without being obligated to do so – to inform Free Plan users of significant changes by email, provided this is feasible with reasonable effort.

4.5 In the event of a complete discontinuation of the Free Plan, the Provider will – where technically possible and feasible with reasonable effort – grant affected users a period of at least 7 days to export their data.

4.6 Free Plan users are advised to regularly create backups of their data and not to rely exclusively on the availability of the Service.

5.1 In addition to the Free Plan, the Provider offers the following paid plans:

• Starter (EUR 9.00/month): 5,000 emails/month, 1 custom domain, webmail access, open/click tracking
• Pro (EUR 39.00/month): 50,000 emails/month, multiple custom domains, multiple projects, all Starter plan features

5.2 All prices include the applicable statutory value-added tax, where applicable.

5.3 Payment processing is handled by the payment service provider Stripe (Stripe, Inc., USA). Credit cards and debit cards are accepted as payment methods. The user must ensure that the stored payment details are current and valid.

5.4 Billing occurs monthly in advance. The invoice amount is automatically charged at the beginning of each billing period.

5.5 The subscription renews automatically for an additional month unless the user cancels in time (see Section 7).

5.6 In the event of a failed payment, the Provider reserves the right to suspend access to the paid plan or downgrade to the Free Plan until the outstanding payment has been settled.

5.7 Upgrades to a higher-tier plan take effect immediately. The price difference is calculated on a pro-rata basis for the remaining billing period. Downgrades to a lower-tier plan take effect at the end of the current billing period.

5.8 The Provider reserves the right to change the prices for paid plans with a notice period of at least 30 days, effective at the end of the current billing period. The user will be notified of the price change by email. If the user does not agree to the price change, they may cancel the subscription before the change takes effect. In this case, the contract will continue under the existing terms until the end of the current billing period.

6.1 The right of withdrawal applies only to consumers within the meaning of § 13 BGB (German Civil Code). Entrepreneurs within the meaning of § 14 BGB have no statutory right of withdrawal.

6.2 The right of withdrawal expires in the case of a contract for the provision of services if the Provider has fully performed the service and commenced performance of the service only after the consumer gave their express consent and at the same time confirmed their acknowledgment that they will lose their right of withdrawal upon complete performance of the contract by the Provider.

6.3 There is no right of withdrawal for the Free Plan, as no paid service is involved.

7.1 The contract for the use of the Free Plan runs for an indefinite period and may be terminated by the user at any time without notice by deleting their user account.

7.2 Paid subscriptions may be terminated by the user at any time, effective at the end of the current billing period. Termination can be made via the dashboard at app.emlyx.eu or by email to info@proxaly.com.

7.3 The Provider may terminate the contract with 30 days' notice, effective at the end of the billing period. Already paid but unused periods will be refunded on a pro-rata basis in this case.

7.4 The right to terminate without notice for good cause remains unaffected for both parties. Good cause for the Provider exists in particular if the user violates Section 8 of these Terms.

7.5 After termination of the contract, the user's data will be deleted within 30 days, unless statutory retention obligations apply. The user is responsible for backing up their data before the end of the contract.

8.1 The user undertakes to use the Service only in accordance with applicable laws and these Terms.

8.2 In particular, the user is prohibited from:

• Sending spam – including unsolicited bulk emails, advertising emails without the recipient's consent as required by applicable law, and chain letters
• Using the Service for illegal purposes – in particular for sending phishing emails, malware, fraudulent communications, or for distributing unlawful content
• Abusing the infrastructure – such as through excessive API calls, denial-of-service attacks, circumventing rate limits, or manipulating tracking data
• Using the access credentials of third parties or sharing their account with third parties
• Reverse engineering the Service infrastructure

8.3 If the monthly email quota included in the respective plan is exceeded, further emails will be rejected (not queued). The user will receive a corresponding error message.

8.4 In the event of violations of these provisions, the Provider is entitled to suspend or delete the user account immediately and without prior notice. For paid plans, fees already paid for the remaining billing period will be refunded on a pro-rata basis, provided the violation was not intentional.

8.5 The user shall indemnify the Provider against all third-party claims arising from unlawful use of the Service by the user, including reasonable legal defense costs. The indemnification obligation does not apply to the extent that the user is not responsible for the legal violation.

9.1 The Provider endeavors to ensure the highest possible availability of the Service. However, no specific availability is guaranteed. In particular, maintenance work, updates, or force majeure events (including, but not limited to, natural disasters, pandemics, war, strikes, telecommunications network disruptions, or changes in the legal framework) may lead to temporary restrictions.

9.2 The Provider does not guarantee the deliverability of emails. Sending is performed on a best effort basis („best effort“). Deliverability depends on numerous external factors (e.g., recipient mail servers, spam filters, DNS settings).

9.3 The Provider is liable without limitation for damages arising from injury to life, body, or health, as well as for intentional misconduct and gross negligence.

9.4 In cases of slight negligence, the Provider is only liable for the breach of obligations whose fulfillment is essential for the proper performance of the contract and on whose compliance the user may regularly rely (material contractual obligations). Within the scope of this Service, these include in particular the obligation to accept and forward emails to the sending service provider and to provide access to the dashboard. In this case, liability is limited to the foreseeable, contract-typical damage and capped at the amount of fees paid by the user in the preceding 12 months.

9.5 Liability for indirect damages, consequential damages, lost profits, or data loss is – to the extent permitted by law – excluded. Liability under the Product Liability Act remains unaffected.

9.6 For the Free Plan: As this is a gratuitous service, the Provider – without prejudice to the provisions of Section 9.3 – is only liable for intentional misconduct and gross negligence. Liability for slight negligence is excluded to the extent permitted by law.

9.7 The foregoing limitations of liability also apply in favor of the Provider's employees, representatives, and vicarious agents.

10.1 The Provider collects and processes personal data in connection with the use of the Service. Details can be found in the separate Privacy Policy.

10.2 In the course of providing the Service, the following data is processed in particular:

• User data: Name, email address, password (stored as hash)
• Email data: Sender, recipient, subject, content, delivery status
• Project data: Domain, subdomain, API token (stored encrypted)
• Contact data (Webmail): Name, email address, notes
• Optional: Open/click tracking data (if activated by the user)

10.3 To provide the Service, the Provider uses the following third-party providers:

• Resend (Resend, Inc., 2261 Market Street #5039, San Francisco, CA 94114, USA) – for email delivery
• Stripe (Stripe, Inc., 354 Oyster Point Blvd, South San Francisco, CA 94080, USA) – for payment processing

10.4 The aforementioned third-party providers are based in the USA. The data transfer to the USA is carried out on the basis of the EU-US Data Privacy Framework (adequacy decision of the European Commission pursuant to Art. 45 GDPR) or the EU Standard Contractual Clauses (Art. 46(2)(c) GDPR). Further information can be found in the Privacy Policy.

10.5 To the extent that the user uses the Service for processing personal data of third parties (e.g., email addresses of their customers), the user acts as a controller within the meaning of the GDPR (Art. 4(7) GDPR). The Provider acts as a processor (Art. 28 GDPR) in this regard. The details of data processing are set out in the Data Processing Agreement (DPA) available at emlyx.eu/dpa, which becomes part of the contract upon registration and implements the requirements of Art. 28(3) GDPR.

10.6 The user is solely responsible for obtaining the data protection consents required for their use of the Service from their recipients and for fulfilling their own data protection obligations.

11.1 The Provider delivers the Service in its respective current version. No properties beyond those described in the service description in Section 2 are warranted.

11.2 The Provider does not warrant in particular that the Service will function without errors or interruptions, that specific results will be achieved, or that the Service is suitable for a particular purpose of the user.

11.3 The WordPress plugin is provided as open-source software under the GPL v2 license or later. Use of the plugin is subject to the terms of this license. The Provider's liability for the plugin is governed by the provisions of these Terms.

12.1 The Provider reserves the right to amend or supplement these Terms at any time with effect for the future.

12.2 Amendments will be communicated to the user at least 30 days before they take effect, by email or via the dashboard.

12.3 Amendments to the Terms require the express consent of the user. If the user does not consent to the amended Terms within 30 days of receiving the notification, the Provider reserves the right to terminate the contract with ordinary notice at the time of the planned effective date of the amended Terms. The Provider will specifically inform the user in the amendment notification about the necessity of consent and the consequences of non-consent.

13.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If the user is a consumer with habitual residence in another EU/EEA member state, the mandatory consumer protection provisions of that state remain unaffected pursuant to Art. 6(2) of Regulation (EC) No. 593/2008 (Rome I).

13.2 If the user is an entrepreneur, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Tallinn (Estonia).

13.3 The Provider is neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board. General consumer arbitration board: Zentrum fuer Schlichtung e.V., Strassburger Strasse 8, 77694 Kehl, www.verbraucher-schlichter.de.

13.4 Should individual provisions of these Terms be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the applicable statutory provision.

13.5 The contract language is German.