Terms of Service

Effective date: July 1, 2026

These Terms of Service (“Terms”) are a contract between Alexander Duggleby, a sole proprietor operating as SimpleNewsletter365 (“SimpleNewsletter365,” “we,” “us”) and the organization, business, or individual that uses the Service (“you”). By creating an account or using the Service, you agree to these Terms.

Who can use the Service

The Service is designed for businesses and organizations, but individuals may use it too. If you use the Service in the course of a trade, business, craft, or profession, you are a business customer, and the business-facing terms below, including the limitations of liability and the choice of Austrian courts, apply to you in full.

Consumers

If you are a consumer (an individual acting outside any trade, business, or profession), the mandatory consumer-protection laws of your country of residence continue to apply, and nothing in these Terms removes or limits the rights those laws give you. To the extent any provision of these Terms, including the limitations of liability, the choice of Austrian law or courts, the immediate termination rights, or the disclaimers of warranties, would give you less than mandatory consumer law requires, that provision does not apply to you. Your statutory right of withdrawal is described in the Refund Policy.

The Service

SimpleNewsletter365 lets you compose newsletters and send them through your own Microsoft 365 mailbox using Microsoft Graph, manage contacts and signup forms, and view delivery and engagement reports. The Service requires a Microsoft 365 account that you control.

Accounts and eligibility

You must sign in with a valid Microsoft account and have authority to bind the organization on whose behalf you act. You are responsible for maintaining the security of your account and credentials, for your team members’ access and the roles you grant, and for all activity under your account. You must promptly notify us of any unauthorized use. You must be at least 18 years old and able to form a binding contract.

Your responsibilities for sending

You are the sender of every newsletter you send through the Service. You are solely responsible for your content and your audience, and you represent that:

• You have a lawful basis and any required consent to email each recipient.
• Your messages include accurate sender information and a working unsubscribe mechanism, and you honor opt-outs promptly.
• You comply with all applicable laws, including anti-spam laws (such as CAN-SPAM, CASL, and the GDPR and PECR where relevant) and Microsoft’s terms for your mailbox.
• You do not send the prohibited content described in our Acceptable Use Policy.

Sending is also subject to the technical limits of your Microsoft 365 mailbox. We pace sends to stay within Microsoft’s per-mailbox service limits and do not guarantee a specific delivery speed.

Acceptable use

Your use of the Service is subject to the Acceptable Use Policy, which is incorporated into these Terms. We may suspend or limit the Service to protect the platform, our other customers, deliverability, or to comply with law.

Plans, sends, and billing

Paid plans, prices, and monthly send allowances are described on our Pricing page. Contacts are unlimited on every plan; you are billed on emails sent per month. When a plan’s monthly send allowance is reached, sending pauses with a prompt to upgrade. There is no automatic overage billing. Annual plans are billed in advance for the year. We may change prices on renewal with prior notice, and applicable taxes may be added.

Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns. Your purchase is therefore also subject to Paddle’s Buyer Terms. Paddle collects payment, charges applicable taxes, and appears on your statement.

Refunds

We offer a 60-day money-back guarantee: you may request a full refund of your most recent payment within 60 days of the date of that payment. Refunds are issued by Paddle, our Merchant of Record. After 60 days, payments are non-refundable, and we do not refund unused portions of a subscription period. You can cancel at any time to stop future renewals. The guarantee does not apply where your account has been suspended or terminated for a breach of the Acceptable Use Policy or these Terms. See our Refund Policy for details and how to request a refund. If you are a consumer, you also have a statutory right of withdrawal, which is in addition to this guarantee and is described in the Refund Policy.

Free plan

Any free plan is provided “as is,” with no service-level or support commitment, and we may change, limit, suspend, or discontinue it or its allowances at any time without liability. You may hold only one free account per organization. You may not create multiple or automated accounts, or use other means to evade free-plan limits, verification, or these Terms. We may require email, domain, or identity verification, or a valid payment method, before enabling or continuing sending, and we may suspend or delete free accounts that are inactive or that we reasonably believe are used to evade limits or abuse the Service.

Data and privacy

Our handling of personal data is described in the Privacy Policy. Where we process your audience data on your behalf, the Data Processing Addendum applies and forms part of these Terms.

Intellectual property

We own the Service and all related intellectual property. You own your content and your audience data. You grant us the limited rights needed to host, process, and transmit your content to provide the Service.

Third-party services

The Service relies on Microsoft 365, Microsoft Graph, Microsoft Entra, and Microsoft Azure, and on Paddle for payments. Your use of those services is governed by their terms. We are not responsible for Microsoft outages, policy changes, or mailbox limits.

Suspension, termination, and enforcement

You may stop using the Service and delete your account at any time. We may suspend, restrict, or terminate your access, remove or disable any content, or reduce your sending, in whole or in part, immediately and without prior notice, if we reasonably believe that: (a) you have breached these Terms or the Acceptable Use Policy; (b) your use is unlawful, fraudulent, deceptive, infringing, or harmful; (c) your sending or activity threatens the security, integrity, or deliverability of the Service or harms other customers, our providers (including Microsoft), or any third party; (d) amounts due are unpaid; (e) we are required to act by law or by a competent authority; or (f) action is needed to protect the Service, our customers, our providers, or any person. Where practicable and lawful we will give notice, but we are not required to when immediate action is needed.

We are not liable to you or any third party for any suspension, restriction, content removal, or termination taken in good faith, and these actions do not entitle you to any refund except as required by our Refund Policy. On termination we delete account data as described in the Privacy Policy, and you may export your data beforehand where feasible.

Investigations and cooperation with authorities

We may investigate suspected violations of these Terms or the law. We may preserve, access, and disclose account, usage, and sending metadata where we reasonably believe it is necessary to enforce these Terms, operate and secure the Service, protect any person, or comply with applicable law or a lawful request. We may report suspected illegal activity to the competent authorities and cooperate with them. We handle personal data in this context as described in the Privacy Policy.

Disclaimers

The Service is provided “as is” and “as available.” To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant uninterrupted or error-free operation, any particular inbox placement, or any deliverability outcome.

You are solely responsible for your sending domain and mailbox reputation. We do not control and are not responsible for inbox placement, spam filtering, blocklisting, or any throttling, suspension, or other action taken by Microsoft or any inbox or mailbox provider against your account, domain, or mailbox.

If you are a consumer, nothing in this section affects the statutory conformity rights you have for digital content and digital services under applicable law.

Limitation of liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits or revenue, loss of goodwill or reputation, loss of or damage to data, business interruption, or deliverability outcomes, even if advised of the possibility. Our total aggregate liability arising out of or relating to the Service and these Terms is limited to the greater of (a) the fees you paid to us for the Service in the twelve months before the event giving rise to the claim, or (b) EUR 100.

Nothing in these Terms limits or excludes liability that cannot be limited or excluded under applicable law, including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for intent or gross negligence where such limitation is not permitted. If you are a consumer, these limitations apply only to the extent permitted by the mandatory consumer law of your country of residence.

Indemnification

You will defend, indemnify, and hold us harmless from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from your content, your audience, your use of the Service, or your breach of these Terms, the Acceptable Use Policy, or applicable law.

Changes to these Terms

We may update these Terms and will revise the effective date. Material changes will be communicated through the Service or by email. Continued use after changes take effect means you accept them.

Changes to the Service

We are actively developing the Service and may add, change, or remove features, or modify or discontinue the Service or any part of it. Where a change materially reduces the core functionality of a paid plan, we will give reasonable notice.

General

Force majeure. Neither party is liable for any delay or failure to perform due to events beyond its reasonable control, including outages or failures of Microsoft, Paddle, or other providers, network or power failures, strikes, or governmental action.

Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets.

Severability. If any provision is held unenforceable, the remaining provisions stay in full effect, and the unenforceable provision will be enforced to the maximum extent permitted.

No waiver. Our failure to enforce any right or provision is not a waiver of it.

Entire agreement. These Terms, together with the Acceptable Use Policy, Privacy Policy, Data Processing Addendum, and Refund Policy, are the entire agreement between you and us regarding the Service and supersede any prior agreements on that subject.

Notices. We may give notice through the Service or by email to your account address. Legal notices to us must be sent to [email protected] and to the postal address below.

Export and sanctions. You represent that you and your organization are not subject to applicable sanctions and are not located in an embargoed territory, and you will comply with applicable export control and sanctions laws. You may not use the Service in violation of those laws.

Governing law

These Terms are governed by the laws of Austria, without regard to conflict-of-laws rules and excluding the UN Convention on Contracts for the International Sale of Goods. The competent courts of Vienna, Austria have exclusive jurisdiction over any dispute.

If you are a consumer, this choice of law and jurisdiction does not deprive you of the protection of the mandatory laws of your country of residence, and you may bring or defend proceedings in the courts of that country where applicable law so provides.

Contact

Alexander Duggleby (operating as SimpleNewsletter365), Marxergasse 24/2, 1030 Wien, Austria. VAT ATU62316158.

Support and legal questions: [email protected]. Support phone: +4315136633446.

Our order process is conducted by our online reseller Paddle.com, the Merchant of Record for our orders, which handles billing, taxes, customer service inquiries, and returns.