Terms of Service

Effective date: October 30, 2026

These Terms of Service (“Terms”) are a contract between SimpleSoftware365, Beatrixgasse 27/1/25, 1030 Vienna, Austria (“SimpleNewsletter365,” “we,” “us”) and the organization, business, or individual that uses the Service (“you”). Full operator details are in the imprint. 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.

Statutory rights, including any right of withdrawal, are set out in the buyer terms of our merchant of record, Link, LLC (Link’s terms). Nothing in these Terms limits rights you have under mandatory law.

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.

Paid plans are sold through Link (Stripe Managed Payments). Link, LLC is the Merchant of Record for all our orders, and you see “Sold through Link” at checkout. Link provides customer service inquiries and handles returns; for purchase support use the Link support site. Where a sale falls outside Stripe’s tax coverage, the invoice carries our name as the seller. Your purchase is therefore also subject to the buyer terms shown at checkout. Link collects payment, charges applicable taxes, and appears on your card statement as LINK.COM* followed by a descriptor. Receipts, invoices, and renewal reminders are sent by Link. Prices may be shown and charged in your local currency; the prices listed on our website are in USD.

Refunds

Refunds are decided and issued by Link, LLC, the merchant of record, under Link’s refund policy. You can cancel at any time to stop future renewals. Refunds are not available 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.

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 Link, LLC and Stripe 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.

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 amount of your last payment to us before the event giving rise to the claim, or USD 100 if you have not made a payment.

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.

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, Stripe, 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 hello@simplenewsletter365.com 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.

This choice of law and jurisdiction does not deprive you of the protection of mandatory law, including any right to bring or defend proceedings in the courts of your country where applicable law so provides.

Contact

SimpleSoftware365, Beatrixgasse 27/1/25, 1030 Vienna, Austria. VAT ATU62316158.

Support and legal questions: hello@simplenewsletter365.com. Support phone: +4315136633446.

Paid plans are sold through Link (Stripe Managed Payments). Link, LLC is the Merchant of Record for our orders and handles billing, taxes, customer service inquiries, and returns.