Terms of service

§ 1 Scope, business customers only

(1) These terms apply to all contracts for the software “Sendmora” between Fabian Faraz Farid, trading as “LuminaX”, Richard-Wagner-Straße 137, 41065 Mönchengladbach, Germany (“Provider”) and the customer.

(2) The offer is exclusively for businesses within the meaning of § 14 of the German Civil Code (BGB), that is natural or legal persons acting in the course of their trade, business or profession. The customer confirms this at signup. Consumers cannot enter into a contract.

(3) Deviating terms of the customer only apply if the Provider agrees in text form.

§ 2 Services

(1) The Provider offers Sendmora as online software: management of contacts and consent, signup forms with double opt-in, editor, scheduling and sending of newsletters from the customer’s own domain, web archive, stats, migration from other providers, REST API, MCP server and optional AI writing help. The exact scope follows from the description on the website at the time of contract.

(2) Sending is only possible from a sending domain the customer owns and has verified in Sendmora. To protect deliverability, warm-up periods, test batches for new contacts and automatic pauses apply as set out in the acceptable use policy.

(3) Sending to a list via API or MCP requires confirmation by a human. AI writing results are suggestions and are only used after the customer approves them.

(4) The Provider may develop Sendmora further as long as the agreed core features remain.

§ 3 Contract and trial

(1) The contract is concluded on signup or on completing checkout. (2) The free trial runs for 14 days and includes up to 500 emails. It ends automatically without any payment due if the customer does not choose a plan.

§ 4 Prices, usage and payment

(1) The prices shown at the time of contract apply. Billing is based on emails sent per calendar month. If the plan volume is exceeded, each started block of 1,000 emails is charged at the listed price. (2) Prices exclude VAT. Under the German small business rule (§ 19 UStG) no VAT is currently charged. If VAT becomes due, it is added. (3) The base price is due in advance for the chosen period (month or year), extra emails are billed monthly in arrears. Payment is processed by Stripe. (4) If payment is overdue, the Provider may suspend sending after notice.

§ 5 Term and cancellation

Monthly plans run for one month, yearly plans for twelve months, and renew for the same period. The customer can cancel either at any time to the end of the current period in the customer portal or in text form. The right to terminate for cause remains unaffected.

§ 6 Customer duties

• The customer only sends to recipients who have given valid consent or for whom a legal exception applies, and can prove consent.
• The customer complies with the acceptable use policy, in particular no bought or rented lists, no spam, no phishing.
• The customer provides accurate sender details in the required footer and is responsible for the content of newsletters and web archive pages.
• The customer keeps credentials and API keys secret and informs the Provider promptly of suspected misuse.
• When migrating, the customer confirms being entitled to transfer the data from the previous provider.

§ 7 Suspension to protect deliverability

The Provider may automatically pause sending or lock an account for review if thresholds are exceeded or there are signs of abuse (acceptable use policy). The Provider informs the customer with reasons and gives an opportunity to respond. A justified suspension does not give rise to refunds.

§ 8 Availability

The Provider aims for high availability but does not owe a specific uptime. Maintenance is scheduled outside usual business hours where possible. Inbox delivery also depends on third parties (mailbox providers, spam filters), so the Provider does not owe delivery success.

§ 9 Rights of use and data

For the term of the contract the customer receives a simple, non-transferable right to use Sendmora for its own purposes. The customer’s data remains the customer’s. It can be exported at any time and is deleted after the contract ends as set out in the DPA.

§ 10 Liability

The Provider is liable without limitation for intent, gross negligence, injury to life, body or health and under the Product Liability Act. For slightly negligent breach of essential contractual duties, liability is limited to the typical, foreseeable damage, at most the fees paid by the customer in the last twelve months. Otherwise liability for slight negligence is excluded. The customer indemnifies the Provider against third party claims based on a breach of § 6 by the customer.

§ 11 No legal advice

Sendmora helps implement duties under the GDPR and related laws, for example through double opt-in and the required footer. Templates, notes and tools are not legal advice. Responsibility for lawful sending remains with the customer.

§ 12 Data protection

The privacy policy applies. For data the Provider processes on behalf of the customer, the data processing agreement applies. It forms part of every contract and is concluded with it.

§ 13 Final provisions

(1) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. (2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is Mönchengladbach, Germany. (3) The Provider announces changes to these terms at least six weeks in advance in text form. If the customer does not object within this period, the changes are deemed accepted. The notice points out this consequence. (4) If a provision is invalid, the rest of the contract remains valid. Contact: [email protected].