Terms of Use (valid from 01.03.2024)

FreshMail is an innovative company committed to providing the highest standard of service. These Terms of Use have been created for you and are meant to clearly define the use of FreshMail services for purposes directly related to business, professional, or statutory activities. The nature of FreshMail services is such that they are not intended for consumers.

Before you use the FreshMail Portal in any way, please read the full Terms of Use.

IMPORTANT! As FreshMail is currently in the process of joining forces with MailerLite, this version of the Terms of Use shall be in force from 1 March 2024 until 28 February 2025. Here you can find out how our services will change in the near future. These Terms of Use are for you, so FreshMail wants them to be as clear as possible. For easy reading and navigation, the Terms of Use are broken down into sections, each provided with a commentary. Remember that the breakdown into sections is indicative only, and no section shall be interpreted separately from all other sections of these Terms of Use.

If you have any questions or concerns about the content of these Terms of Use, feel free to contact us. You can find our contact details at the end of this document (point 85 of the Terms of Use).

Keeping things organized for you – definition of terms

1. FreshMail likes to keep things organized. That is why we’ve put together a short list of definitions used in these Terms of Use.

APIThis is a simple integration that allows you to effectively combine and integrate any application with your FreshMail account. Detailed guidelines for using the API can be found here. 
Group Email AddressA single email address, for example, office@domain.pl, used for the distribution of emails to other email addresses. 
Price ListThe FreshMail App is provided at a charge, and the payment criteria and pricing of individual services are outlined in the Price List, which you can find here. The Price List is supplementary to the Terms of Use and is an integral part of the Contract you conclude with us. 
DocumentationAfter logging in to the FreshMail Portal, you can download any of the available files. FreshMail calls them Documentation for short. Documentation includes materials to help you use the FreshMail App or reports you can generate with the App; 
Personal dataThis means any personal data of the Subscribers or other third parties as defined in the GDPR, and which you import to the FreshMail App or which you generate in the FreshMail App while using FreshMail services; 
FreshMailThat’s us. FreshMail is a Polish limited liability company (spółka z ograniczoną odpowiedzialnością) with its registered office in Kraków, entered into the commercial register of the National Court Register (KRS) by the District Court of Kraków-Śródmieście in Kraków, 11th Commercial Division of the KRS, under KRS number: 0000497051; 
CampaignCampaigns are the primary task of the FreshMail App. A Campaign is a single mass delivery of one marketing email or text message based on a single template and made by you via the App. A single message is also considered to be a Campaign. Note that transactional emails sent from the FreshMail App are not a Campaign; 
ConsumerYou are a Consumer if you are a natural person and do not conduct business or professional activity.
AccountIt’s yours and yours alone. After signing up to the FreshMail Portal, you will have a personalized profile generated for you to use the FreshMail App functionalities and resources; 
ModerationThe Campaigns and the Landing Page are subject to moderation by FreshMail before delivery or publishing. FreshMail reserves the right to verify the compliance of the content with the Terms of Use, the Anti-Spam Policy, and good email marketing practices; 
Landing PageA simple website that you can create in the FreshMail App, mainly with a view to obtaining the Personal Data of your Subscribers. The Landing Page content is created and managed by you according to these Terms of Use; 
SubscribersYou send your Campaigns to them. These are the individuals whose email addresses or phone numbers you import to the FreshMail App. Remember that the number of Subscribers in your Account is the sum of the email addresses in all your Subscriber Lists, even if individual email addresses or phone numbers are repeated in these Lists; 
  
Anti-Spam PolicyFreshMail wants all use of the FreshMail App to be in compliance with mandatory provisions of law and generally accepted Internet practices. Therefore, FreshMail has created the Anti-Spam Policy, which brings together all the foregoing regulations and rules. If you wish to read the Anti-Spam Policy, click here. 
Privacy PolicyFreshMail is committed to protecting your privacy. That is why we have created the Privacy Policy, a set of practices and rules according to which we process your Personal Data. If you wish to read the Privacy Policy, click here. 
FreshMail AppThis is where you import the databases of email addresses or phone numbers of the Subscribers and send your Campaigns through it. The FreshMail App lets you use other functionalities, which are detailed here. The FreshMail App is an online application accessed at app.freshmail.com and provided as Software as a Service (SaaS). You do not have to install it on your computer. The FreshMail App will only be available for use until 28 February 2025; 
Business entityThis is a legal entity or a natural person that conducts business activity and establishes cooperation with us, with the Contract concluded with us stating that this cooperation is directly associated with the activity performed and is of professional character to such a legal entity or natural person. 
Business entity with the rights of a consumerYou are a Business entity with the rights of a consumer if you are a sole entrepreneur and use our services in the scope directly related to your business activity, with the Contract concluded with us stating that this cooperation does not have a professional character for you, for example, based on the data concerning the subject matter of your business activity listed in the Central Register and Information on Economic Activity (CEIDG).
ReportWould you like to know how many Subscribers have received your Campaign? The Report functionality lets you view the statistical data of your Campaigns; 
Terms of Use This is what you are reading right now. This document defines the terms of use of the FreshMail Portal and App. 
   
GDPRGeneral Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC, – published in the Official Journal of the EU). 
PortalThis is how you access your Account and use the FreshMail App. It is a website available at freshmail.pl.  
SpamtrapAn address that was created and published on the Internet intentionally or transformed from an email address that had not been used for at least 2 years. A Spamtrap detects instances of sending email messages to email addresses that exist in databases created illegally or not in compliance with good email marketing practices (examples: read Sections 2.ii and 2.iii of the Anti-Spam Policy). The presence of Spamtraps on your Subscriber List can also mean poor maintenance of the Subscriber database; 
ContentAny graphic, text, and audio-visual elements that you upload to the FreshMail App during any Campaign, on a Landing Page, or to deliver transactional emails. You are solely responsible for their compliance with the law. 
ContractYou have entered into the Contract with FreshMail for the paid use of the FreshMail App by accepting these Terms of Use and the provisions specified in the “Price List – Purchasing Guidelines”, or by entering into a written non-exclusive license agreement containing terms and conditions which are not unlike these Terms of Use. The Contract shall be in force no later than 28 February 2025. 
Copyright ActThis is the Polish Copyright and Related Rights Act (Polish: “Ustawa o prawie autorskim i prawach pokrewnych”) of 4 February 1994 (with the consolidated text in Dz.U. Journal of Laws of 2006 No. 90, item 631, as amended); 
E-Services ActThis is the Polish Electronic Services Act (Polish: “Ustawa o świadczeniu usług drogą elektroniczną”) of 18 July 2002 (with the consolidated text in the Journal of Laws of 2013, item 1422). 
 

2. Unless otherwise stated in these Terms of Use, the terms listed above in capital letters shall always have the foregoing definitions.

What is the FreshMail App, and how do I use it?

3. FreshMail provides email marketing services through the FreshMail Portal. These services are provided by supplying you with the tools and functionalities of the FreshMail App and providing you with support at the level of your choice.

4. You can use other functionalities available in the FreshMail App, such as:

(i) text message marketing (if you have purchased this service before 1 March 2024);

(ii) transactional emails (if you have purchased this service before 1 March 2024);

(iii) Landing Pages.

5. By accepting these Terms of Use and making the payment, you have entered into a Contract with FreshMail. Under the Contract, FreshMail provides you with a paid and non-exclusive license to use the FreshMail App with a single individual login (an email address) at one time and at one workstation. You can create access credentials on your Account for other users. Note, however, that you are solely liable for how your FreshMail Account is used, especially for any act in violation of the Contract, the Terms of Use, or the Anti-Spam Policy. You can use the FreshMail App and Documentation you download from the FreshMail Portal for your purposes only and as regulated by the Contract.

6. Under the Contract concluded, you are entitled to a license for the FreshMail App in the fields of exploitation specified in Articles 74 and 75 of the Copyright Act; however, you shall not:

(i) permanently or temporarily duplicate the FreshMail App in whole or part with any means or in any form;

(ii) translate, adapt, modify the layout, or otherwise change the FreshMail App;

(iii) make backup copies of the FreshMail App;

(iv) duplicate the source code or translate its form as construed under Article 74(4)(1 and 2) of the Copyright Act.

The license granted to you enables the unobstructed sending of Campaigns and the use of other functionalities available in the FreshMail App.

7. The license granted to you and its related rights to use the FreshMail Portal, Documentation, and App will expire when the Contract is terminated, expires, or is withdrawn from.

Technical requirements for using the FreshMail App.

8. To use the FreshMail App, you must have an email account.

9. To use the FreshMail Portal and App, you need a terminal with Internet connectivity. The terminal must have a software application installed for browsing Internet resources (web browser). The web browser must accept cookie files and have JavaScript support enabled.

10. If you already have a FreshMail App account, it is important that access to the Account is adequately password protected. Your password should be very secure and include at least 8 characters: different letters and digits or special characters. We also recommend that you enable the two-factor authentication option (2FA), which provides your Account with additional protection. You can find out how to activate this function here. The FreshMail App will verify your password and tell you if it meets the relevant criteria.

11. Remember that the FreshMail App is operated via the Internet. That is why all information and documents related to the FreshMail Portal and the use of the FreshMail App will be sent to you over the Internet only. If you wish to stay up to date with all the innovations in email marketing, such as new functionalities added to the FreshMail App or the latest marketing trends, do not forget to give your consent to the processing of your personal data for marketing purposes by FreshMail, which includes direct marketing, especially for the transmission of FreshMail’s commercial information to you.

12. Remember that the email address you have signed up with is your login to the FreshMail App, and you need it to sign in for the first time. You can always request a change of your login by contacting FreshMail Customer Support.

13. The FreshMail App will only work correctly on supported browsers. The currently supported browsers are listed on our website. The FreshMail App may work incorrectly or not at all if other browsers are used.

What can I upload to the FreshMail App?

14. By now, you should have a very good understanding of Article 10 of the E-Services Act and Articles 4(7) and 6(1) of GDPR. To manage your email and text message marketing, you can upload to the FreshMail App only email addresses and phone numbers owned by Subscribers who have been verified as having granted you their consent to receive commercial information by electronic channels of communication. To use other functionalities of the FreshMail App (e.g. transactional emails), you need to secure a correct legal basis for the processing of Personal Data. To do this, you must become a Personal Data Controller as construed under GDPR (or act as a Personal Data Processor for and on behalf of the Personal Data Controller). This, in turn, requires you to conclude a personal data processing outsourcing agreement with FreshMail. You can find more details about what you can upload to the FreshMail App in the Anti-Spam Policy.

15. If you do not know Article 10 of the E-Services Act, read it here.

16. If you do not know Article 4(7) or 6(1) of the GDPR, you can read both here.

17. When creating a Landing Page, you can upload any graphical and text Content to the FreshMail App. Note that you are solely liable for the Content you upload. Read more in points 54 to 58 of the Terms of Use about Moderation and the “notice and take down” procedure.

18. Note that you are solely and fully liable for the data and Content you upload to the FreshMail App. You shall indemnify and hold FreshMail harmless from any liability for the data you have uploaded to the FreshMail App.

19. FreshMail has the right to verify all email addresses imported to its System and will use dedicated IT tools to verify if any risks may arise from your sending of Campaigns to toxic (potentially dangerous) email addresses. If any such risk is found during the verification, such a Campaign will not be sent by FreshMail. If a large number of toxic email addresses or Group Email Addresses is found on any Subscriber List, FreshMail may suspend the sending of the Campaign to the entire Subscriber List concerned or block your Account according to Sections 59, 60, and 63 of these Terms of Use.

20. If you have previously taken advantage of a Trial Period, just after you enter into the Contract with FreshMail for the paid use of the FreshMail App, all your data, your Subscriber Lists, and Contents will be saved in the paid Account.

How do I send my first Campaign?

21. The FreshMail App has been designed for easy and intuitive use by everyone eligible. FreshMail enables you to design your Campaign from scratch or by applying predefined solutions. If you need any help, read FreshMail’s “How to plan an email campaign.” You can find it here. Remember that it is you who creates your Campaigns and their content. FreshMail only provides you with the right tools to do so.

22. Remember that Campaigns sent from accounts paid for via the online payment service system are sent only once the amounts due are credited to FreshMail’s Account. FreshMail automatically posts all payments made online. You need to be patient, however, as the payment processing can take anywhere from a few minutes to a few days.

23. You can find the results of each sent Campaign in the Report, which is updated on an ongoing basis. The Report registers the activities of Subscribers for the duration of your paid use of the FreshMail App. The Subscriber activity after this period will not be included in the Report.

24. The photographs featured in the templates from the FreshMail template library are indicative only, and you should not use them in any actual Campaigns.

Payments

25. The use of the FreshMail App is provided at a charge. You will find all the necessary details on this subject in the document “Price List – Purchasing Guidelines,” which is an integral part of these Terms of Use.

By using the FreshMail Portal and App, you warrant and represent the following:

26. You will be fully and solely liable for every Campaign you send and every Landing Page published with your Account and for their Content. Every Campaign and every Landing Page you create are your liability only, and you need to mind your liability for all users for whom you have created additional access credentials to your Account.

27. You will not use any Accounts of other users or share your Account with anyone other than the users you have authorized to use the FreshMail App and process the Personal Data featured in the FreshMail App;.

28. You will not resale or otherwise dispose of your Account to any third party. Remember that you can always sign up for more than one Account. However, if you attempt to circumvent the Terms of Use, the Privacy Policy, and/or the Anti-Spam Policy with any of your Accounts, FreshMail has the right to block all these Accounts and terminate your Contract.

29. You will not use the Account, the FreshMail Portal, the FreshMail App, or the Documentation for purposes other than required to perform your Contract.

30. You will protect FreshMail’s intellectual property rights and trade secrets.

31. You have read, understood, and accepted to comply with the prevailing regulations of law and FreshMail’s Terms of Use, Privacy Policy, and Anti-Spam Policy.

32. You will keep confidential all information obtained in relation to the Contract, especially the provisions of the Contract, unless made public by FreshMail.

33. You will notify FreshMail within seven (7) days of each change of your contact email address. Your contact email address is the email address you have used to sign up. You can change it in your Account Settings tab → Contact. Remember that your contact address is not your login. To change your login, contact FreshMail Customer Support using the contact form available in the “Contact” tab in your Account.

34. You will assist FreshMail in processing every claim or complaint filed by any of your Subscribers or third parties against any of your Campaigns, Landing Pages, or other breaches of FreshMail’s Terms of Use, Privacy Policy, or Anti-Spam Policy.

35. You agree that you use the FreshMail Portal and App voluntarily.

36. All the data you have provided to sign up for FreshMail is true.

37. All Personal Data, Content, and other information that you may upload to the FreshMail App will be uploaded in compliance with FreshMail’s Anti-Spam Policy, the prevailing regulations of law and social conduct, and no upload will infringe on any rights of any natural person or organization.

38. You are a Personal Data Controller of the Personal Data processed in the FreshMail App according to GDPR, or you are a Personal Data Processor, an entity that processes Personal Data under a personal data processing outsourcing agreement concluded with a third party or third parties.

39. The Content you upload to the FreshMail App shall not violate the prevailing regulations of law and third-party rights.

FreshMail warrants and represents the following:

40. FreshMail will keep confidential all the databases you upload to the FreshMail App.

41. FreshMail will advise you of every actual or suspected violation of your trade secrets or the prevailing regulations of law that occur or might have occurred during the discharge of the Contract.

42. If you have agreed to, FreshMail will notify you of novel solutions created in relation to the FreshMail Portal or App. Note that you will receive these notifications only if you have agreed to receive electronic commercial information (see Section 11 of the Terms of Use).

Privacy Policy – to protect the secrets entrusted to us

43. When you do business with FreshMail, you and FreshMail are like connected vessels. This means that you and FreshMail must protect every piece of information entrusted to one another. By concluding the Contract, you warrant and represent that together with FreshMail, you will protect all information exchanged between you and FreshMail. The Terms of Use of information security are established in the Privacy Policy, which you can read here.

44. Your compliance with the Privacy Policy is not always mandatory. If you are required to disclose any information under the prevailing regulations of law, you must comply with all obligations arising therefrom.

45. If you allow FreshMail in prior by email or letter to do so, FreshMail may use your Campaigns and/or Landing Pages and their delivery results in part or whole as case studies for industry meetings, conferences, published papers, or research work. Remember: if we ask for this permission, a “No” is also a good answer.

46. FreshMail continues to improve its Portal and App and strives to improve the effectiveness of your Campaigns. That is why you agree for FreshMail to use the statistical data generated from your Campaigns for statistical analysis and research, and the statistical data includes:

(i) number;

(ii) frequency;

(iii) effectiveness;

and for FreshMail to publish the results of its statistical analysis and research of your statistical data at industry meetings and conferences and in published papers or research work. FreshMail warrants and represents that no use of your statistical data will enable any identification of you or your Subscribers.

47. If you are satisfied with the services provided by FreshMail, let us boast about it! FreshMail may ask for your consent to publish information about FreshMail’s business with you, including by publishing your logo on FreshMail’s website. Remember: if we ask for this permission, a “No” is also a good answer.

Outsourcing of personal data processing

48. When you created an Account in the FreshMail App, a document titled “Personal Data Processing Outsourcing Agreement” was generated, which you have signed.

49. Note that you are a Personal Data Controller (or, as applicable, you act as a Personal Data Processor on behalf of a Personal Data Controller), and you are required to conclude an agreement with FreshMail to specify the extent and purposes of outsourcing of personal data processing by FreshMail.

50. FreshMail is outsourced for and manages the processing of Personal Data on your behalf against your payment for the FreshMail App that you use.

51. You can download Personal Data from the FreshMail App (if any Personal Data has been uploaded and potentially modified to and in the FreshMail App) into a CSV (comma-separated values) file. The CSV file will include the Personal Data of your Subscribers uploaded to the FreshMail App and the contents of the additional fields stored in the FreshMail App. This way, FreshMail discharges its obligation imposed by Article 20(1) of GDPR.

Moderation

52. Prior to sending, each Campaign is moderated by FreshMail for compliance with the highest standards of mass delivery of email and text message communications. The FreshMail Customer Support screens each Campaign for compliance with FreshMail’s Terms of Use, Anti-Spam Policy, and Privacy Policy; this includes checking that a resignation link is included in the Campaign. If no resignation link is provided in the Campaign, the Campaign is prevented from being sent. FreshMail may also suspend any Campaign from sending if it features any offensive, illegal, or immoral content or if the Campaign is otherwise in violation of FreshMail’s Terms of Use, Anti-Spam Policy, or Privacy Policy. If your Campaign becomes suspended, you are not entitled to a refund of any payment already made to FreshMail.

53. Landing Pages are moderated not unlike Campaigns; see Section 52 of the Terms of Use, although no Landing Page is required to feature the resignation link.

54. Campaigns and Landing Pages sent or shared from all types of FreshMail Accounts are subject to moderation, irrespective of the Payment plan in effect.

55. Moderation by FreshMail does not release you from your liability for the content and management of your Campaigns and Landing Pages.

56. Aside from Moderation, FreshMail has the right to remove certain Content that you may have uploaded to the FreshMail App; this applies especially to the content published on Landing Pages and reported beyond any doubt by any third party or officials to be in violation of anyone’s rights and/or the prevailing regulations of law.

Account and sending block

57. FreshMail may temporarily block your Account if:

(i) you are in actual or reasonably suspected breach of these Terms of Use, the Privacy Policy, the Anti-spam Policy, the prevailing regulations of law, or the principles of social interaction. If your Account is blocked because of this, the Account will be unblocked once you have provided the necessary clarification of the breach. However, despite this clarification, we may continue to block your Account if we consider that the security of the FreshMail App or other legitimate considerations require it, in particular, if we are required to do so by law or by a relevant state authority (for example, police, Personal Data Protection Office (UODO), etc.). If FreshMail deems that the breach was committed to use any functionality of the FreshMail App against their intended use, especially to generate and distribute spam, the Account will remain blocked, and you will forfeit all the rights to have your payments refunded. In these circumstances, we may terminate the Contract concluded with you with immediate effect in accordance with point 64 (i) of the Terms of Use.

(ii) you are in breach of the provisions on the correct use of the FreshMail App, as specified in points 59 to 61 of the Terms of Use.

(iii) you have failed to pay for the use of the FreshMail App for at least 15 (fifteen) days from the due payment date.

58. If FreshMail discovers a Campaign or a Landing Page which has been sent or published, respectively, against FreshMail’s Anti-Spam Policy or the prevailing regulations of law, or Spamtraps are found by FreshMail on any Subscriber List you have (including abuse@domain email addresses and/or postmaster@domain email addresses), FreshMail can permanently block you from sending any Campaigns to the Subscribers on the List.

Provisions on the correct use of the FreshMail App

59. The correct use of the FreshMail App ensures superior standards and efficiency for thousands of our customers. It is, therefore, important to adhere to the provisions on the correct use of the FreshMail App in such a way that it is equally satisfactory for all its users. In consequence, some instances of the Customer’s use of the FreshMail App may be considered a misuse despite the fact that the Customer has bought FreshMail’s services under the subscription plan. This is in compliance with the provisions of Polish law, according to which you cannot make use of your right, which would be contrary to the socio-economic purpose of this right or with the principles of social coexistence.

60. We have defined certain misuse parameters to ensure that the excessive use of certain features does not have a negative impact on the use of the FreshMail App by other customers or on the effectiveness of their campaigns. We define misuse as, in particular, a situation where a customer uses the FreshMail App in a manner that goes beyond standard use, causing a significant overload of our systems, which has a negative impact on the use of the FreshMail App by other customers. In such a situation, we will inform the Customer and give them instructions on how to use the FreshMail App in the correct manner.

61. If the Customer continues to misuse the FreshMail App, FreshMail reserves the right to suspend or block their Account. Each such case shall be considered by us individually and at our discretion. In the cases mentioned above, the Customer is not entitled to demand reimbursement of any amounts paid to FreshMail.

Termination of the Contract

62. You may terminate the Contract at any time before the end of the current subscription period, with the termination becoming effective at the end of the subscription period you have chosen when entering into the Contract. If you have chosen a monthly subscription, the termination will be effective at the end of the respective billing period in which the Contract was terminated. If you have chosen an annual subscription, the termination will be effective at the end of the annual period you have paid for. However, if you decide to migrate your Account to MailerLite, we will enter into a separate agreement governing the details of the migration. Migration will be possible earlier than the end of the subscription period.

To submit a notice of termination, use the “Cancel subscription” option available in your Account after logging in. To migrate your Account data to MailerLite, follow the instructions given in the Guide to Migration or contact our Customer Support at pomoc@freshmail.pl.

63. In view of the process of merging FreshMail with MailerLite, we have undertaken to operate Customer Accounts until 28 February 2025. On this date, the Contract between us will expire. We will not terminate your Contract before this date, subject to clause 64 of these Terms of Use. 

64. FreshMail may terminate the Contract with you with immediate effect without refunding you any payment you have made to FreshMail when any of the following occurs:

(i) you are or have been in breach of the Terms of Use, the Privacy Policy, and/or the Anti-Spam Policy;

(ii) you are or have been in violation of the prevailing regulations of law;

(iii) you have failed to conclude a Personal Data Processing Outsourcing Agreement with FreshMail;

(iv) if you have failed to make a payment to FreshMail for more than 15 days. In this case, after the expiry of the Contract, you will still have access to the tab showing your unpaid invoices. Once they are paid, you will be able to purchase a new subscription plan and use your Account once again;

(v) you have canceled an order for Personal Data processing outsourced from FreshMail;

(vi) you have requested the removal of your own Personal Data in whole or in any part which renders FreshMail unable to perform the Contract, or you have objected to the processing of your Personal Data by FreshMail.

Do not worry, though; FreshMail will not terminate your Contract or delete your Account without notice. Before we terminate your Contract and delete your Account, we will send you a message reminding you to make the necessary payment.

65. In the event of termination of the Contract, you should download the databases and Content that you have uploaded with your Account; you will have a grace period of 30 (thirty) days to download the data after the Contract expires. Once the grace period for your data to be downloaded expires, FreshMail will delete all databases and Content you have uploaded to the FreshMail App without notice. Once your databases and Content have been deleted, you can only recover the data as provided for in Section 69 of the Terms of Use.

Deleting your Account

66. Due to FreshMail’s commitment to providing superior Personal Data protection standards to your Subscribers, the FreshMail App allows you to delete your Account and all the data collected in the Account, which includes your Subscriber Lists, Contents, sent Campaign reports, autoresponders, draft unsent Campaigns, and draft autoresponders, and all contact and invoicing data which you have submitted to FreshMail. Your Account will be deleted according to the criteria established in the Terms of Use.

67. You may delete your Account on your own with the Delete Account feature in your Account Settings. This will delete your Account and all its data.

68. FreshMail shall have the right to delete your Account if any of the following circumstances occur:

(i) The Contract has expired or has been terminated for any reason;

(ii) You have not signed in for more than 12 months in succession;

(iii) You fail to make payments within 180 days following the expiry of your last plan. Exceptions are rebranded domains used in Landing Pages, which will be deleted 30 days after the expiration of your previous plan. 

Do not worry, though; FreshMail will not delete your Account without notice. Before the time comes for your Account to be deleted, FreshMail will send you a request to make the necessary payment.

69. A deleted Account can be restored within 60 days of the date of its deletion. This will require a manual intervention by programmers, and the cost of this service is defined in the Price List.

70. On your request, FreshMail will issue a Certificate of Personal Data Destruction for the Personal Data that have been uploaded to the FreshMail App via your Account if the Personal Data is to be destroyed.

71. The deletion of your Account will not revoke your consent to receive electronic marketing communication from FreshMail or revoke your consent for processing your Personal Data by FreshMail for electronic marketing communication.

Additional services

72. FreshMail may, upon your request, generate individual reports with a summary of your Subscribers’ data. An extra fee will apply for this service. The service fee will depend on the workload required from FreshMail to deliver your order. Contact the FreshMail Customer Support for more details.

Modifications

73. From time to time, FreshMail may:

(i) establish new fees for the use of extra services featured in the FreshMail Portal and/or in the FreshMail App. No such extra fees will affect the sending of your Campaigns;

(ii) amend the Terms of Use, the Anti-Spam Policy, the Privacy Policy, and the Price List.

74. Every amendment to the Terms of Use and the Price List will be notified to you at least ten (10) days in advance in an email sent to the email address that you have submitted while signing up or in a message which you will see once you sign into the FreshMail App.

75. Each amendment or modification becomes effective on the date specified in the notice for you.

76. All amendments to the Anti-Spam Policy and the Privacy Policy will be posted at freshmail.pl in the Anti-Spam Policy and Privacy Policy tabs. Each amendment posted in either tab becomes effective immediately when made. Please make sure to frequently read the Anti-Spam Policy and the Privacy Policy.

Liability

77. The FreshMail App is just a tool you use. Therefore, you accept that FreshMail shall not be liable for any damage caused by:

(i) malfunctions of other systems beyond our control;

(ii) your failure to comply with the Terms of Use;

(iii) interference by third parties who gained access to your Account through you or in other circumstances beyond our control;

(iv) FreshMail shall not be liable for any damage, including the loss of profits, or loss of data or information as a consequence of: a failure to deliver data or information to the Subscribers or delivery of the data or information to recipients other than intended, delay in delivery, or interruptions in the operation of the FreshMail App or service provision unless proven to be solely attributable to FreshMail;

(v) FreshMail shall not be liable for any unlawful use of the FreshMail App or its use which is contrary to good practices, regardless of the method of its application;

(vi) FreshMail’s limit of liability to you is the average monthly (1 month) payment made by you to FreshMail in the past 12 months;

(vii) you are solely liable for every database and Content you upload to the FreshMail App, and this includes your liability to FreshMail.

Personal Data processing

78. FreshMail also processes various Personal Data, some of which is most precious to you – as it is your Personal Data.

79. You will find all the relevant information in our Privacy Policy.

Complaints

80. Complaints linked to the provision of Services may be submitted in writing to our address or by email sent to the email address specified in these Terms of Use.

81. We will respond to any complaints immediately; however, no later than within 14 days from the date of their receipt.

82. In order to speed up the processing of your complaint, we recommend that you provide information and describe circumstances relating to the subject matter of your complaint, in particular, the type and date of the irregularity and your request, together with your contact details. These guidelines for submitting complaints are our recommendations only and shall not affect the effectiveness of complaints made without the recommended descriptions.

Rights in the event of non-compliance with the Contract 

83. If you are a Consumer or a Business entity with the rights of a consumer, we are liable to you if our Services do not comply with the Contract. These irregularities are governed by the provisions of the Polish Civil Code in relation to Business entities and the Act of 30 May 2014 on Consumer Rights in relation to Consumers and Business entities with the rights of a consumer. For the avoidance of doubt, we point out that the rights defined below in points 84 to 97 of these Terms of Use resulting from the non-compliance of the Service with the Contract apply to Customers who are Consumers and Business entities with the rights of a consumer. 

84. In the event of non-compliance of the Service with the Contract, you should contact us at the email address specified in these Terms of Use or by sending us a letter, specifying your claim relating to non-compliance. You may request that the Service be brought into compliance with the Contract.

85. We are entitled to refuse to bring the Service into compliance with the Contract if the method chosen by you is not feasible or would necessitate incurring excessive costs. When assessing excess costs, attention shall be paid tǫ all the circumstances of the case, in particular, the significance of the non-compliance of the Service with the Contract and the value of the Service under the Contract.

86. We shall bring the Service into compliance with the Contract within a reasonable time from when you inform us of the non-compliance and without undue inconvenience to yourself, taking into account their nature and the purpose for which they are used. The costs of bringing the Service into compliance with the Contract shall be borne by us.

87. In the event of non-compliance of the Service with the Contract̨, you may submit a declaration requesting a reduction in the price or requesting the rescission of the Contract if:

  1. bringing the Service into compliance with the Contract is impossible or requires incurring excessive costs in accordance with point 85;
  2. we have failed to bring the Service into compliance with the Contract in accordance with point 86;
  3. despite our efforts to bring the Service into compliance with the Contract, the non-compliance still persists;
  4. our opinion or the circumstances expressly state that we will be unable to bring the Service into compliance with the Contract within a reasonable time or without undue inconvenience to you.

88. We will process your complaint within a reasonable period of 14 days.

89. If, while exercising your rights resulting from the non-compliance of the Service with the Contract, you submit a suitable request to us, and we fail to respond to such a request within 14 calendar days, your request shall be deemed reasonable.

90. In order to speed up the processing of your complaint in the course of the complaint process, we recommend that you provide information and describe circumstances relating to the subject matter of your complaint, in particular, the type and date of the non-compliance of the Service with the Contract, together with your contact details. The above are our recommendations only and shall not affect the effectiveness of complaints made without the recommended description of the complaint.

91. If you are a Business entity, our liability under statutory warranty is excluded pursuant to Article 588(1) of the Polish Civil Code.

92. More information on buyers’ rights can be found on the website of the Office of Competition and Consumer Protection – https://prawakonsumenta.uokik.gov.pl.

93. We are liable for the non-compliance of the Service with the Contract, with the Service provided on a one-off basis or in installments, if the non-compliance existed at the moment of Service delivery and became apparent within two years from that moment. Any non-compliance of the Service with the Contract which became apparent before the end of one year from Service delivery shall be deemed as existing at the time of Service delivery.

94. It is impossible to invoke the expiry of the term to quote the non-compliance of the Service with the Contract specified in point 93 if this non-compliance was concealed in a deceitful manner.

95. We are liable for the non-compliance of the Service with the Contract, with the Service provided in a continuous manner, if the non-compliance became apparent at the time of Service delivery. The non-compliance of the Service with the Contract shall be deemed to have occurred at the time when it became apparent.

96. The presumptions specified in points 93 and 95 shall not apply if:

  1. Your digital environment is not compatible with the technical requirements we have outlined to you in a clear and understandable manner prior to the conclusion of the Contract;
  2. you have been informed in a clear and comprehensible manner prior to the conclusion of the Contract of your obligation to cooperate with us, to a reasonable extent and using the least onerous technical means for you, in order to determine whether the non-compliance of the Service with the Contract results from the characteristics of your digital environment, and you fail to comply with this obligation in a timely manner.

97. If you are a Business entity with the rights of a consumer, by entering into a Contract, you accept these Terms of Use and then exercise your rights. In this case, you should complete the relevant form for the Product’s non-compliance with the Contract, and in particular, provide the necessary data to attest to the circumstances confirming your status conforming to Article 7aa of the Consumer Rights Act or provide us with this information by other means. By submitting the form indicated above, you declare that the concluded Contract is directly related to your business activity but that it does not have a professional character for you arising, in particular, from the subject matter of your business activity.

Contract rescission 

98. If, being a Consumer or a Business entity with the rights of a consumer, you have consented to the performance of the Contract and the delivery of the Service to you before the expiry of the Contract rescission period, you lose the right to rescind the Contract entered into with the Service Provider. 

99. If the Contract relates to the provision of Electronic Services and we have performed the Electronic Service in full with your express consent, and you are a Consumer or a Business entity with the rights of a consumer, and you have been informed before the performance of the Service that you shall lose your right to rescind the Contract after the performance of the Service, then you will not be entitled to rescind the Contract.

100. If the circumstances indicated above (points 98 and 99) do not apply and you are a Consumer or a Business entity with the rights of a consumer, you are entitled to rescind the Contract without stating a reason within 14 days of entering into the Contract.

101. You shall not be entitled to rescind the Contract without stating a reason provided that the conditions specified in points 98 and 99 are met. Our activities consist of delivering digital services to Customers. In view of the above, the commencement of the use of the digital Service before the expiry of 14 days from the date of purchase shall result in the loss of the right to rescind the Contract.

102. Contract rescission shall take place by informing us of your decision and submitting a suitable declaration. You may send such a declaration by traditional post or email. You may use the complaint form template available underneath the Terms of Use; however, this is not obligatory.

103. To meet the Contract rescission deadline, it is sufficient for you to send information concerning the exercise of your right to rescind the Contract before the applicable Contract rescission deadline expires.

104. In the event of Contract rescission, we shall reimburse you for all the payments we received from you.

105. Payments shall be refunded using the same method of payment you used in the original transaction unless you expressly requested a different method. You shall not incur any charges as a result of the form chosen for making the refund.

106. If you are a Business entity, you shall not be entitled to the above-mentioned contract rescission right. 

Out-of-court dispute resolution, complaint handling, and pursuit of consumer claims 

107. We express consent for the submission of potential disputes associated with the concluded Contracts for arbitration or mediation. The details shall be determined by the parties to the conflict.

108. Any disputes relating to the services provided by us shall be settled by courts of general jurisdiction, and the governing law shall be Polish law.

109. If you are a Consumer, you may take advantage of out-of-court complaint and redress procedures. The rules for accessing these procedures are available in the offices and on the websites of poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, voivodeship trade inspectorates, as well as at the following website addresses of the Office of Competition and Consumer Protection:

 http://www.uokik.gov.pl/spory_konsumenckie.php;

 http://www.uokik.gov.pl/sprawy_indywidualne.php;

 http://www.uokik.gov.pl/wazne_adresy.php.

110. It is also possible to make use of the online platform for resolving disputes between consumers and business entities at the EU level (ODR platform), which is available at: http://ec.europa.eu/consumers/odr.

111. The provisions of these Terms of Use do not prevent you from invoking mandatory legal provisions governing the protection of consumer rights.

Final provisions

112. FreshMail strives for excellence in everything it does. FreshMail continuously improves and develops its Portal and App for you. This is why FreshMail may, from time to time, launch a new version of FreshMail services.

113. Unless anything in the foregoing provisions of these Terms of Use prohibits it, you may submit all your statements to:

(i) by email to pomoc@freshmail.pl;

(ii) by letter to:
FreshMail sp. z o.o.
Aleja Generała Tadeusza Bora-Komorowskiego 25,
31-476 Kraków

114. FreshMail’s warranties and representations will be submitted to either of the following, which you have provided while signing up:

(i) by email to pomoc@freshmail.pl;

(ii) your mailing address.

115. The prevailing regulations of law of the Republic of Poland shall apply outside these Terms of Use.

116. If you are neither a Consumer nor a Business Entity with the rights of a Consumer, any disputes that may occur between FreshMail and you shall be settled in the court of jurisdiction over FreshMail.

117. This version of the Terms of Use shall apply from 1 March 2024.

Contract rescission template

CONTRACT RESCISSION FORM

Consumers and Business entities with the rights of a consumer shall be entitled to rescind their Contracts. The form provided is a template. Failure to use this template shall not affect the ability to rescind the Contract.

Service Provider: FreshMail spółka z ograniczoną odpowiedzialnością [Polish limited liability company] with its registered office at Aleja Generała Tadeusza Bora-Komorowskiego 25, 31-476 Kraków, entered into the commercial register of the National Court Register (KRS), maintained by the District Court of Kraków-Śródmieście in Kraków, 11th Commercial Division of the KRS, under KRS number: 0000497051, Polish business identification number (REGON): 123040091, Polish tax identification number (NIP): 6751496393

I declare that I rescind the Contract for the following digital services:

Name of the digital service: ___________

Gross price: ___________

IDENTIFICATION DATA:

First and last name: ___________

Contract execution date: ___________

The refund shall be made using the same payment method you chose when purchasing our Services. If the payment was made by means other than bank transfer and you wish to receive a refund into your bank account, please provide below the bank account number to be used for the refund: _________________________________. 

 _________________________________

signature and date

Information on the processing of personal data associated with contract rescission:

The personal data provided in this form shall be processed for the purpose of handling the contract rescission process. The controller of the data provided in this form is FreshMail spółka z ograniczoną odpowiedzialnością with its registered office in Kraków, at Aleja Generała Tadeusza Bora-Komorowskiego 25, 31-476 Kraków, entered into the commercial register of the National Court Register (KRS), maintained by the District Court of Kraków-Śródmieście in Kraków, 11th Commercial Division of the KRS, under KRS number: 0000497051, Polish business identification number (REGON): 123040091, Polish tax identification number (NIP): 6751496393

In view of the handling of the contract rescission process, your data may be processed by external entities involved in handling this process, for example, an accounting firm. The form shall be retained for the period necessary to complete the contract rescission process and to make potential claims resulting from the implementation of the rescission. In view of the processing of the personal data contained in the form, you are entitled to: the right to request access, rectification, erasure, or restriction of data processing, as well as the right to lodge a complaint with the President of the Personal Data Protection Office. Providing data is voluntary but necessary for the implementation of the contract rescission process.