Terms of Service

1. Acceptance of Terms

By creating an account or using the SendOrchard email service ("Service"), you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. If you do not agree to these Terms, do not use the Service.

These Terms constitute a legally binding agreement between you ("User") and SendOrchard GmbH ("SendOrchard", "we", "us"). If you are using the Service on behalf of an organisation, you represent that you have the authority to bind that organisation to these Terms.

2. Account Terms

• You must be at least 16 years of age to create an account.
• You are responsible for maintaining the security of your account credentials.
• You must provide accurate and complete information when registering.
• You may not share your account with others or transfer your account to another person.
• You are responsible for all activity that occurs under your account.
• You must notify us immediately at security@sendorchard.com if you suspect unauthorised access to your account.

3. Acceptable Use Policy

You agree not to use the Service to:

• Send spam, unsolicited bulk email, or any communications that violate applicable anti-spam laws (including the EU’s ePrivacy Directive).
• Distribute malware, viruses, or other malicious code.
• Harass, threaten, or impersonate any person or entity.
• Infringe any intellectual property rights.
• Engage in any illegal activity under applicable EU law or the laws of your jurisdiction.
• Attempt to circumvent or disrupt the security or integrity of the Service.
• Transmit content that is unlawful, defamatory, obscene, or harmful to minors.

Violation of this Acceptable Use Policy may result in immediate account suspension or termination without refund.

4. Intellectual Property

The SendOrchard name, logo, website design, and software are the intellectual property of SendOrchard GmbH and are protected by EU and international copyright law. You may not copy, modify, distribute, or reverse engineer any part of the Service without our express written permission.

You retain full ownership of all content you send, receive, or store through the Service. By using the Service, you grant SendOrchard only the minimum technical permissions required to route and deliver your email. We do not acquire any ownership rights to your content.

5. Payment & Refunds

Paid plans are billed monthly or annually in advance. All prices are in USD and exclusive of applicable taxes. We reserve the right to change prices with 30 days’ notice.

If you cancel a paid plan, you will retain access until the end of your current billing period. We do not offer partial refunds for unused periods, except where required by law. If you believe you were billed in error, contact billing@sendorchard.com within 14 days of the charge.

6. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

While we take extensive measures to secure the Service, no system is 100% secure. We do not warrant that the Service will be uninterrupted, error-free, or free of viruses or other harmful components. You are responsible for maintaining appropriate backups of your data.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY EU LAW, SENDORCHARD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE.

Our total liability to you for any claim arising from these Terms or the Service shall not exceed the total amount you paid to SendOrchard in the 12 months preceding the claim, or €100, whichever is greater.

Nothing in these Terms limits our liability for death or personal injury caused by our negligence, fraudulent misrepresentation, or any other liability that cannot be excluded under EU law.

8. Termination

You may terminate your account at any time by contacting support@sendorchard.com or through your account settings. We may suspend or terminate your account if you violate these Terms, with or without prior notice depending on the severity of the violation.

Upon termination, your right to use the Service ceases immediately. We will delete your data in accordance with our Privacy Policy. Sections 4, 6, 7, and 9 of these Terms will survive termination.

9. Governing Law & Disputes

These Terms are governed by and construed in accordance with the laws of Germany and the European Union, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Any disputes arising from these Terms shall first be attempted to be resolved through good-faith negotiation. If unresolved, disputes shall be submitted to the competent courts of Berlin, Germany, unless mandatory consumer protection laws in your country require otherwise.

If you are a consumer in the EU, you may also use the EU Online Dispute Resolution platform at ec.europa.eu/consumers/odr.

10. Contact Us

If you have any questions about these Terms, please contact us:

SendOrchard GmbH — Legal Department
Email: legal@sendorchard.com
Jurisdiction: European Union (Germany)

We will attempt to respond to all legal enquiries within 10 business days.