Terms of service

These Terms of Service are issued in Czech and English. The Czech version (Obchodní podmínky) is the legally binding one. This English translation is provided for information only, and in the event of any discrepancy the Czech version prevails.

Article 1 – 1Introductory provisions and identification of the Provider

1.1These terms of service (the "Terms") govern, in accordance with Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (the "Civil Code"), the rights and obligations of the Provider and the User in connection with the provision and use of the "mail-martinsil" service (also "Martin Šíl Mail") available at https://mail.martinsil.cz.

1.2The Service is provided by:

• Martin Šíl, a natural person doing business under the Trade Licensing Act, registered in the Trade Register
• Company ID (IČO): 21158100
• Registered place of business: Oskara Nedbala 694, 541 01 Trutnov 1-Střední Předměstí, Česká republika
• The Provider is not registered for value added tax (not a VAT payer)
• E-mail: mail@martinsil.cz
• Phone: +420 736 144 647
• Web: https://mail.martinsil.cz

(the "Provider").

1.3The Provider's single point of contact for Member State authorities, the European Commission and the European Board for Digital Services (Art. 11 of Regulation (EU) 2022/2065 of the European Parliament and of the Council on a Single Market for Digital Services, the "DSA") and for recipients of the Service (Art. 12 DSA) is the e-mail address mail@martinsil.cz. Reports of abuse of the Service and notices of illegal content under Article 8 may also be sent to this address. Communication is possible in Czech or English.

1.4These Terms, including Annex 1 (Data Processing Terms), form an integral part of the Contract. In the event of a conflict, the following order of precedence applies: (a) an individual arrangement between the Provider and the User made in text form, (b) Annex 1 in matters of personal data processing, (c) these Terms, and (d) the Documentation.

Article 2 – 2Definitions

2.1For the purposes of these Terms, the following capitalised terms have the following meanings:

• API – the Service's programming interface accessible over HTTP, compatible with the interface of the Resend service to the extent described in the Documentation.
• API Key – a secret access credential created in the Account, used by the User or a Client Application to authenticate API calls.
• AWS – Amazon Web Services EMEA SARL or another Amazon group company that provides the Provider with the Amazon Simple Email Service ("Amazon SES") and other cloud services.
• Documentation – the technical documentation of the Service made available in the Dashboard or on the Provider's website, including the description of the API, the SDKs and the technical limits.
• Domain – an internet domain that the User has added to the Account and whose verification via DKIM records in DNS has been confirmed by Amazon SES.
• Client Application – an application, website or other system of the User or its customer that sends Messages using the User's API Key.
• End User – a person using a Client Application whose actions may cause a Message to be sent (e.g. by filling in a form or signing up).
• Content – all information that the User or a Client Application submits to or stores in the Service, in particular Messages, their headers, attachments, Recipient addresses and other data.
• Dashboard – the Service's web interface in which the User manages the Account, Domains and API Keys and views records of Messages, API request logs and delivery events.
• Recipient – a person whose e-mail address is listed among the addressees of a Message ("to", "cc" or "bcc" field).
• Suppression List – a list of e-mail addresses to which the Service does not send Messages because a message to them permanently bounced (a hard bounce) or their holder marked a message as unsolicited (a complaint).
• Service – the "mail-martinsil" service described in Article 4.
• Contract – the contract for the provision of the Service concluded between the Provider and the User, consisting of these Terms, Annex 1 and any individual arrangements.
• Transactional Message – a Message whose primary purpose is to deliver to the Recipient information that the Recipient expects in view of its relationship with the User or its own prior action, in particular (a) a sign-in or verification code, a password reset link, an invitation or account verification, (b) a confirmation of an order, booking, payment or other transaction, a receipt or an invoice, (c) information about the status, change or security of the Recipient's account, (d) a reply to an enquiry or contact form submitted by the Recipient, and (e) another message of a similar nature. A Message whose primary purpose is to directly or indirectly promote goods, services or the image of the User or a third party (a commercial communication within the meaning of Section 2(f) of Act No. 480/2004 Coll.) is not a Transactional Message, even if it also contains transactional elements.
• Account – a user account in the Service set up for the User by the Provider.
• User – an entrepreneur or legal entity that has concluded the Contract with the Provider; the User may be represented by a natural person authorised to do so (a "person acting for the User").
• Privacy Policy – the Provider's document on the processing of personal data available at https://mail.martinsil.cz/ochrana-osobnich-udaju.
• Message – an e-mail message that the User or a Client Application sends or attempts to send through the Service.

2.2Data protection terms (e.g. controller, processor, data subject) have the meaning given to them in Regulation (EU) 2016/679 of the European Parliament and of the Council (General Data Protection Regulation, the "GDPR").

Article 3 – 3Conclusion of the contract

3.1The Service is private and provided by invitation only. Accounts are created exclusively by the Provider; there is no public sign-up. There is no legal entitlement to an Account or to the conclusion of the Contract; the Provider decides on them at its own discretion.

3.2The Provider sends an invitation to the invited person's e-mail address. The invited person signs in to the Service using a one-time code sent by e-mail or a Google or Discord account and, before first using the Service, accepts the Terms by ticking the designated box or by another express act that the Service enables. The Contract is concluded at the moment of such acceptance. The Provider keeps a record of which version of the Terms the User accepted and when.

3.3The Contract can only be concluded on the basis of the Terms without any changes or additions. The application of Section 1740(3) of the Civil Code is excluded; an acceptance with an addition or deviation is not an acceptance of the offer.

3.4The Service is intended exclusively for entrepreneurs and legal entities that use it in the course of their business or other gainful activity or in the performance of their tasks. By accepting the Terms, the User declares that (a) it is acting in the course of its business and not as a consumer, (b) the information it has provided to the Provider is true, and (c) the person acting for the User is authorised to bind the User. Before the Account is set up or when accepting the Terms, the User provides the Provider with its business name or name, registered office and company ID (IČO) or an equivalent registration number under the law of the state of its registered office, and notifies any changes without undue delay.

3.5If the Provider finds that the User is a consumer, or has reasonable doubts about it that the User does not dispel when asked, the Provider may terminate the Contract with immediate effect. A User who made a false declaration under paragraph 3.4 shall compensate the Provider for the harm caused thereby.

3.6Express acceptance of clauses under Section 1753 of the Civil Code. The Provider draws the User's attention in particular to the following clauses, which could be regarded as clauses the User could not reasonably expect:

• a)the provision of the Service without any guarantee of availability or delivery of Messages and without a service level agreement (SLA) (Article 4 and paragraph 10.2);
• b)the right of the Provider and AWS to inspect Content and Message metadata automatically and manually (paragraph 7.12);
• c)the right of the Provider to block Messages, pause sending, revoke API Keys or suspend the Account, including without prior notice (paragraphs 7.13 and 9.2);
• d)the User's responsibility for the conduct of its employees, contractors, Client Applications and End Users (paragraph 6.5);
• e)the exclusion and limitation of the Provider's liability, including a cap on the total amount of compensation (paragraphs 10.2 to 10.6);
• f)the User's obligation to compensate the Provider for harm and costs, including sanctions and measures imposed by AWS (paragraph 10.7);
• g)the retention of addresses on the Suppression List even after the Account ends (paragraph 9.8 and Article P13 of Annex 1);
• h)the Provider's right to change the Terms (Article 13) and the Service (paragraph 4.9);
• i)the shortening of the limitation period to one year (paragraph 15.4) and the choice-of-court clause (paragraph 15.3);
• j)the Provider's right to assign the Contract (paragraph 15.7).

The User declares that it had the opportunity to read the Terms and ask questions about them before accepting them, and that by accepting the Terms it expressly accepts the clauses listed above.

Article 4 – 4Description of the Service, limits, availability and changes to the Service

4.1The Service enables the User to send Transactional Messages through an API built on Amazon SES (region eu-north-1, Stockholm). Within its current functionality, the Service in particular enables the User to:

• a)add and verify Domains (DKIM records in DNS; the Provider also recommends a custom bounce domain (MAIL FROM) with an SPF record and a DMARC record);
• b)create and revoke API Keys;
• c)send Messages via the API, including attachments;
• d)view in the Dashboard records of sent Messages, delivery events (delivery, delay, bounce, complaint, rejection) and API request logs;
• e)use the software development kits (SDKs) for Node.js and .NET.

4.2The Service does not include marketing features (contact lists, campaigns, newsletters, bulk mailings) or open and click tracking of Messages. The User is not entitled to features that are not currently available in the Service, nor to features the Provider has mentioned as planned.

4.3The Service sends Messages only from Domains whose verification has been confirmed by Amazon SES. The Service does not send Messages to addresses on the Suppression List; the Suppression List is shared by all accounts in the Service.

4.4Limits. Unless the Provider and the User agree otherwise, the following limits apply to each Account:

• a)a maximum of 60 Messages per minute;
• b)a maximum of 300 Recipients per 24 hours, counting every Recipient in the "to", "cc" and "bcc" fields.

Other technical limits (e.g. the maximum number of Recipients per Message or the size of attachments) are set out in the Documentation. The Provider may raise the limits upon the User's reasoned request; there is no legal entitlement to an increase. No part of the Service is provided on an unlimited basis.

4.5The Provider may lower or otherwise adjust the limits of an Account where this is justified for the protection of the Service, its reputation with AWS and mailbox providers, security or compliance with AWS requirements. The Provider will notify the User by e-mail of any permanent reduction of the default limits.

4.6Availability. The Provider provides the Service with the care that can reasonably be expected of it (best effort), but without any guarantee of uninterrupted, error-free or timely availability and without an agreed service level (SLA). The Provider does not guarantee the delivery of a Message, its delivery to the inbox (rather than the spam folder) or the delivery time. The Service is provided to the extent and in the condition in which it is available.

4.7The Provider may interrupt or restrict the Service for the time strictly necessary for maintenance, updates, security interventions or troubleshooting. The Provider will announce in advance, where possible, planned maintenance that substantially restricts the Service.

4.8The User acknowledges that the Service depends on services of third parties, in particular AWS and the other sub-processors listed in Annex 1, and on the Recipients' mailbox providers. These parties may, under their own rules, reject Messages, place them in the spam folder, delay them or restrict sending; AWS may restrict or suspend sending even without the Provider's involvement.

4.9Changes to the Service. The Provider may change, extend or restrict the Service, its features, the API, technical parameters and the Documentation. The Provider will notify the User by e-mail reasonably in advance, as a rule at least 30 days in advance, of any change that substantially restricts the use of the Service or requires modification of Client Applications, unless the change is necessary for reasons of security, an AWS requirement, a change in legislation or a decision of a public authority. A User who does not agree with a change may terminate the Contract at any time under paragraph 9.4. The discontinuation of the Service as a whole is governed by paragraph 9.7.

Article 5 – 5Price

5.1The Service is provided free of charge unless the Provider and the User agree otherwise individually.

5.2The Provider and the User may agree individually, in text form (e-mail suffices), that the User will contribute to the operating costs of the Service. The amount of the contribution, the period for which it is paid and its due date are determined by that individual arrangement. The contribution is neither a subscription nor a payment for a certain volume of sent Messages, and it does not establish any entitlement to higher limits, a service level or other parameters beyond those expressly agreed.

5.3An agreed contribution is paid by bank transfer to the Provider's account on the basis of an invoice issued by the Provider, within the due date stated on the invoice. The Provider is not a VAT payer and therefore does not charge VAT on the contribution.

5.4If the User is in default with the payment of a contribution and fails to pay it even within an additional period of at least 7 days from delivery of a payment reminder, the Provider may pause sending of Messages from the Account until payment is made, or terminate the Contract under paragraph 9.5. The right to statutory default interest is not affected.

5.5Paid contributions are non-refundable. However, if the Contract ends by the Provider's notice under paragraph 9.4, by the discontinuation of the Service under paragraph 9.7 or by the User's notice under paragraph 13.3, the Provider will refund the proportionate part of the contribution paid for the period after the Contract ends. A suspension of the Service or termination of the Contract due to the User's breach of the Terms does not give rise to any refund.

5.6The introduction of a mandatory fee for the Service requires an agreement with the User.

Article 6 – 6Account, API keys, security and responsibility for persons to whom the User grants access

6.1The Account can be accessed using a one-time code sent to the Account's e-mail address or a linked Google or Discord account. The User is responsible for securing the mailbox and linked accounts it uses to sign in to the Account. Google and Discord process sign-in data as independent controllers under their own terms.

6.2The User must provide true and up-to-date information in the Account and to the Provider. The Account is non-transferable. The User must not set up or use multiple accounts to circumvent limits or measures of the Provider.

6.3API Keys. An API Key is displayed only once when it is created; the Provider stores only its hash and the key cannot be recovered. The User must:

• a)keep API Keys secret and store them only in the server-side part of Client Applications, not in code running in a browser, in mobile applications or in public repositories;
• b)make API Keys available only to persons and systems that strictly need them;
• c)if leakage or misuse of an API Key is suspected, revoke it in the Dashboard without undue delay and, in the case of misuse, inform the Provider.

6.4All acts performed through the User's Account or API Key are deemed to be acts of the User, unless they occurred as a result of the Provider's breach of its obligations.

6.5Responsibility for other persons. The User is responsible for the conduct of all persons to whom it grants access to or use of the Service, in particular its employees, contractors, customers, Client Applications and End Users, as if it were its own conduct. The User must in particular:

• a)acquaint these persons with the rules under Article 7 to the extent relevant to them and ensure their compliance;
• b)secure Client Applications against misuse for sending unsolicited Messages, in particular limit the sending rate from forms and other places where an End User triggers a Message (e.g. by CAPTCHA protection and request rate limiting), and not allow End Users to insert arbitrary Recipient addresses or arbitrary content into Messages;
• c)upon request of the Provider or AWS, prevent a specific Client Application or End User from continuing the misuse without undue delay.

6.6For reasons of security or protection of the Service, the Provider may revoke API Keys, end sign-in sessions of the Account or require another necessary measure; it will inform the User of the reasons under paragraph 8.4.

6.7Without the Provider's prior consent, the User must not provide the Service or access to it to third parties as a standalone e-mail sending service. Use of the Service for Client Applications that the User develops or operates for its customers is permitted subject to paragraphs 6.5 and 7.7.

Article 7 – 7Acceptable use and anti-spam rules

7.1Binding rules. The User and all persons under paragraph 6.5 must comply with this Article, the Documentation, the AWS Acceptable Use Policy (https://aws.amazon.com/aup/) and the AWS terms for Amazon SES (AWS Service Terms, https://aws.amazon.com/service-terms/). Where these documents regulate the same matter differently, the stricter rule applies.

7.2Permitted use. The Service may be used exclusively for sending Transactional Messages.

7.3Prohibited types of messages. It is prohibited in particular to send:

• a)commercial communications, marketing and advertising messages, newsletters and bulk mailings, even with the Recipients' consent;
• b)messages to persons who have no relationship with the User (cold outreach) and re-engagement campaigns to inactive recipients;
• c)Messages of a different type than the Recipient requested or expects in view of its relationship with the User;
• d)Messages to persons who did not ask for them.

7.4Origin of addresses. The User may send Messages only to addresses that the Recipient itself provided to the User in connection with the relationship to which the Message relates. It is prohibited to use purchased, rented, shared, harvested, automatically collected or generated address lists, regardless of who obtained them, and to guess addresses (e.g. generic addresses such as info@). Upon the Provider's request, the User must demonstrate without undue delay, and no later than within 5 business days, how it obtained the Recipients' addresses or, where applicable, the Recipient's consent.

7.5The User is the sender. The sender and originator of every Message is the User, not the Provider or AWS. The User is responsible for the compliance of Messages and their Content with the law, in particular Act No. 480/2004 Coll., on Certain Information Society Services (in particular Section 7), Directive 2002/58/EC of the European Parliament and of the Council (in particular Art. 13) and the legislation implementing it in other states, the GDPR, the US CAN-SPAM Act, Canada's Anti-Spam Legislation (CASL) and the laws of the state in which the Recipient is located. If a Transactional Message exceptionally contains a minor commercial element, that element must not outweigh its transactional purpose and the Message must meet the requirements of Section 7(4) of Act No. 480/2004 Coll. (clear identification as a commercial communication, no concealment of the sender's identity and a valid address for refusing further communications).

7.6Message requirements. The User must ensure that:

• a)the information in the Message headers (in particular "From", "Reply-To" and the subject) is true and not misleading and that the Message makes clear who is sending it;
• b)the Message does not impersonate another person and does not use an address from someone else's domain;
• c)for Messages that the Recipient may opt out of (e.g. notifications the Recipient has set up), the Recipient has a simple way to opt out of further messages (preferably also via the List-Unsubscribe and List-Unsubscribe-Post headers under RFC 8058) and the opt-out is processed without undue delay, at the latest within 2 days;
• d)Messages comply with the format under RFC 5322.

7.7Domain verification. The User may send Messages only from Domains it manages or whose holder has demonstrably authorised it to do so. The Domain must be verified by DKIM records; otherwise the Service will not send the Message. The Provider strongly recommends setting up a custom bounce domain (MAIL FROM) with an SPF record and a DMARC record (at least with the "p=none" policy and a reporting address).

7.8Mailbox provider requirements. The User must ensure that its Messages meet the current sender requirements of the major mailbox providers (in particular Google/Gmail, Yahoo and Microsoft/Outlook.com). As of the effective date of the Terms, these include in particular: SPF or DKIM authentication for all messages; for senders sending more than approximately 5,000 messages per day to addresses of one of these providers, both SPF and DKIM authentication and a DMARC record (at least "p=none") with alignment of the domain in the "From" header; a spam complaint rate consistently below 0.3% (recommended below 0.1%); and, for messages that can be opted out of, one-click unsubscribe processed within 2 days. The User bears the consequences of failing to meet these requirements.

7.9Prohibited content. Messages and other Content must not contain or link to:

• a)unsolicited communications (spam);
• b)phishing, including simulated phishing (e.g. security awareness training or tests), or attempts to obtain login, payment or personal data;
• c)malware, viruses, malicious links or attachments;
• d)child sexual abuse material or other content whose dissemination is a criminal offence;
• e)illegal goods or services, fraudulent or deceptive content;
• f)content infringing intellectual property rights or the personality or privacy rights of third parties;
• g)threats, harassment, defamation, incitement to hatred, violence or terrorism;
• h)sexually explicit content or offers of adult services;
• i)gambling;
• j)pharmaceuticals, dietary supplements, drugs or similar substances;
• k)short-term (payday) loans, credit repair services and debt collection;
• l)pyramid and multi-level marketing (MLM) schemes, get-rich-quick offers and speculative investment or cryptocurrency schemes;
• m)affiliate marketing, trading in address lists and the sale of followers, ratings or other social media interactions;
• n)any other content which, in the Provider's reasonable assessment, may harm the reputation of the Service, the Provider or AWS or the deliverability of Messages.

7.10Prohibited conduct. The User must not:

• a)circumvent limits, the Suppression List, filters or other measures of the Service, including through multiple accounts;
• b)send Messages to addresses that permanently bounced or whose holder complained, including outside the Service in order to circumvent its rules;
• c)allow the Service to be used as an open relay;
• d)compromise the security, integrity or availability of the Service or of third-party networks or systems, perform load tests of the Service without the Provider's consent, probe the Service for vulnerabilities or circumvent its security;
• e)reverse-engineer the Service's software beyond the extent permitted by law;
• f)use the Service in breach of the law or good morals.

7.11Bounces and complaints. The User must monitor delivery events (in the Dashboard or via the API), stop sending Messages to addresses that permanently bounced or whose holder complained, and verify the validity of addresses before sending repeatedly (e.g. by confirming the address at sign-up). The Service automatically adds such addresses to the Suppression List. The Provider recommends keeping the hard bounce rate below 2% and the complaint rate below 0.05%. Sending from the Account is paused automatically if, within the last 1,000 Messages of the Account:

• a)the hard bounce rate exceeds 5% (and concerns at least 3 Messages), or
• b)the spam complaint rate exceeds 0.1% (and concerns at least 2 Messages).

While sending is paused, the API rejects new Messages. The Provider will review the matter and resume sending once the reasons for the pause no longer exist. The Provider may change these thresholds, in particular where AWS rules so require; it will notify the change under Article 13.

7.12Inspection of Content. The User acknowledges and agrees that the Provider and AWS (or their suppliers) may store and automatically scan Content, Message metadata and records of the use of the Service in order to detect spam, phishing, malicious code and other breaches of the Terms. The Provider manually inspects Content only in justified cases (in particular on suspicion of a breach of the Terms, on a notice under Article 8, on a Recipient's complaint or at the request of AWS or a public authority) and to the extent necessary. This right does not create any obligation of the Provider to monitor Content.

7.13Measures. In the event of a breach or a reasonable suspicion of a breach of this Article, the Provider may, depending on its seriousness and even without prior notice: block or reject an individual Message, pause sending from the Account, lower limits, revoke API Keys, remove illegal Content, suspend the Account or terminate the Contract under Article 9, and, in cases provided for by law, report the matter to the competent authorities. The Provider acts proportionately and gives a statement of reasons under paragraph 8.4. A suspension due to a breach of the Terms does not affect the User's agreed payment obligations.

7.14Cooperation. The User must cooperate with the Provider in investigating suspected breaches of the Terms and complaints, in particular by providing on request, without undue delay, information about Client Applications, the origin of Recipient addresses and the remedial measures taken, within the time limit set by the Provider with regard to the time limits set by AWS. The Provider may provide AWS and public authorities with information, including Content, to the extent necessary to investigate and remedy a breach or to comply with a legal obligation.

7.15If the User becomes aware of misuse of the Service or a breach of this Article, it must inform the Provider without undue delay.

Article 8 – 8Content moderation, notices of illegal content and statements of reasons

8.1Nature of the Service. The Service is an intermediary service that stores and transmits information provided by the User at the User's request (a hosting service under Art. 3(g)(iii) DSA, with elements of mere conduit). The User is solely responsible for Content. The Provider is liable for Content only to the extent of Sections 3 to 5 of Act No. 480/2004 Coll. and Articles 4 to 6 DSA and has no general obligation to monitor the information it transmits or stores or to actively seek facts indicating illegal activity (Section 6 of Act No. 480/2004 Coll., Art. 8 DSA).

8.2Moderation procedures (Art. 14 DSA). The restrictions on use of the Service in relation to Content are set out in Article 7. To enforce them, the Provider uses:

• a)automated tools: Domain verification, sending limits, the Suppression List, the automatic pause of sending under paragraph 7.11 and the automated content scanning carried out by AWS;
• b)human review: decisions on blocking Content and on suspending and terminating Accounts are made, and automated measures are reviewed, personally by the Provider.

The possible measures are listed in paragraph 7.13. The Provider applies them diligently, objectively and proportionately, with due regard to the rights and legitimate interests of all parties concerned.

8.3Notices of illegal content (Art. 16 DSA). Anyone may notify the Provider of Content they consider illegal or in breach of the Terms (including unsolicited Messages) by e-mail to mail@martinsil.cz, preferably with the subject "Notice – abuse". The notice should contain:

• a)an explanation of why the notifier considers the Content to be illegal;
• b)a precise identification of the Content, in particular a copy of the Message including full headers, or at least the date and time of receipt, the sender address, the sending domain and the message identifier (Message-ID);
• c)the name and e-mail address of the notifier, except for notices concerning child sexual abuse offences;
• d)a statement that the notifier believes in good faith that the information in the notice is accurate and complete.

The Provider will confirm receipt of the notice without undue delay, assess it in a timely, diligent, non-arbitrary and objective manner, and inform the notifier of its decision and of the available means of redress. A notice is deemed capable of giving the Provider knowledge of the illegal nature of Content if it allows a diligent provider to identify the illegality without a detailed legal examination.

8.4Statement of reasons (Art. 17 DSA). If the Provider restricts the Service for the User (blocking or removing Content, pausing sending, revoking API Keys, suspending or terminating the Account), it will provide the User by e-mail, at the latest when the restriction takes effect, with a clear and specific statement of reasons containing: the type, scope and duration of the measure; the facts and circumstances on which it is based, including whether it was taken on the basis of a notice; whether automated means were used; the provision of the Terms or of law on which the measure is based; and the means of redress under paragraph 8.5. The obligation under this paragraph does not apply to the extent excluded by law or by a decision of a public authority.

8.5Complaint handling. The User or a notifier may lodge a complaint against a decision under paragraphs 8.3 and 8.4 by e-mail to mail@martinsil.cz within 6 months of the day on which they learned of the decision. The complaint is assessed personally by the Provider, who decides on it without undue delay, as a rule within 14 days, and informs the complainant of the outcome. If the complaint proves justified, the Provider will reverse or adjust the measure without undue delay. The right to bring the matter before a court is not affected.

8.6If the Provider becomes aware of information giving rise to a suspicion that a criminal offence threatening the life or safety of persons has been, is being or is likely to be committed, it will inform the law enforcement authorities without undue delay. The Provider handles orders of public authorities to act against illegal content or to provide information in accordance with Articles 9 and 10 DSA and informs the User of how it handled them, unless prevented by law or by the order.

Article 9 – 9Suspension and termination

9.1The Contract is concluded for an indefinite period.

9.2Suspension. The Provider may, with immediate effect and even without prior notice, pause sending of Messages or suspend access to the Account, in particular if:

• a)the User has breached Article 6 or 7 or there is a reasonable suspicion of such a breach;
• b)the thresholds under paragraph 7.11 have been exceeded;
• c)the use of the Account threatens the security of the Service, other users or the reputation of the Service with AWS or mailbox providers;
• d)AWS or a public authority requires it;
• e)the Account or an API Key has been compromised;
• f)the User has failed to cooperate under paragraph 7.14;
• g)a reason under paragraph 5.4 has arisen.

The Provider acts proportionately and gives a statement of reasons under paragraph 8.4. The suspension lasts until its reason ceases to exist; the Provider decides on resumption after reviewing the matter.

9.3A suspension does not affect the duration of the Contract or the User's obligations under it.

9.4Notice of termination. The User may terminate the Contract at any time by an e-mail sent from the Account's e-mail address to mail@martinsil.cz; the notice takes effect on the day of delivery or on a later day stated in it. The Provider may terminate the Contract without stating a reason with a notice period of 30 days, starting on the day the notice is delivered to the User.

9.5Termination with immediate effect. The Provider may terminate the Contract with immediate effect if:

• a)the User has materially or repeatedly breached the Terms, in particular by sending spam, phishing, malicious code or illegal Content;
• b)the User turns out to be a consumer or its declaration under paragraph 3.4 was false;
• c)AWS requires it, or AWS has restricted or terminated the provision of its services to the Provider in connection with the use of the Account;
• d)the User has failed to pay an agreed contribution even within the additional period under paragraph 5.4;
• e)the User has failed to remedy the situation for which the Service was suspended within a reasonable period set by the Provider.

The User may terminate the Contract with immediate effect if the Provider has materially breached its obligations and has failed to remedy the breach within a reasonable period after being notified.

9.6The Contract further ends by agreement of the parties and upon the dissolution of the User without a legal successor.

9.7Discontinuation of the Service. The Provider may discontinue the Service as a whole. It will notify the User by e-mail at least 30 days in advance, unless this is impossible in the circumstances (in particular if AWS or another essential supplier stops providing its services or in the event of force majeure); in such a case it will notify the User without undue delay. The Contract ends on the day the Service is discontinued.

9.8Consequences of the end of the Contract. On the day the Contract ends, access to the Account ends, API Keys cease to be valid and the User's Domains are removed from Amazon SES. The Provider will delete the Account data, records of Messages (metadata and content), delivery events and request logs within 30 days after the end of the Contract; in backups they will expire as part of the regular backup rotation and will not be restored from them. The User may request an export of its records under Article P11 of Annex 1 no later than the end of the Contract. The deletion does not apply to (a) addresses on the Suppression List, which the Provider retains even after the Account ends as an independent controller for the purpose of protecting the deliverability and reputation of the Service, and (b) data the Provider is required to retain by law (e.g. accounting and tax documents) or needs to protect its legal claims, for the period stated in the Privacy Policy.

9.9The end of the Contract does not affect rights and obligations which by their nature are intended to survive it, in particular claims for compensation of harm, Articles 10, 11, 12 and 15 and claims for payment of amounts due.

Article 10 – 10Liability and its limitation, compensation by the User, force majeure

10.1The Provider is liable for breach of its obligations under the Contract to the extent and under the conditions set out in this Article.

10.2Exclusion of liability. The Provider is not liable for harm resulting from:

• a)non-delivery, delay, placement in the spam folder or rejection of a Message;
• b)an outage, restriction or measure of AWS, other sub-processors, DNS providers, internet connectivity or the Recipients' mailbox providers;
• c)the User's Content, Recipient addresses, Domain and DNS settings or Client Applications;
• d)suspension, restriction or termination of the Service in accordance with the Terms;
• e)misuse of the Account or an API Key not caused by the Provider's breach of its obligations;
• f)loss of or damage to data stored in the Service; the Service is not an archive and the User must keep the data it needs itself.

10.3To the extent permitted by law, the Provider is not liable for lost profit, loss of business opportunities, damage to goodwill, costs of a substitute service or any other indirect or consequential loss.

10.4Cap on compensation. The Provider's total liability for all harm incurred by the User in connection with the Contract is limited to an amount equal to the higher of: (a) the total contributions actually paid by the User to the Provider during the 12 months preceding the event that caused the harm, or (b) CZK 5,000.

10.5The limitations and exclusions of liability under paragraphs 10.2 to 10.4 do not apply to harm caused to a person's natural rights, harm caused intentionally or through gross negligence (Section 2898 of the Civil Code) or other cases in which the law does not permit the limitation or exclusion of liability. Nor do they affect the rights of data subjects under Art. 82 GDPR.

10.6The parties declare that, in view of the free-of-charge nature of the Service or the amount of any agreed contribution, and of the allocation of risks under the Terms, they consider the limitations under paragraphs 10.2 to 10.4 to be reasonable and that harm exceeding the amount under paragraph 10.4 is not foreseeable at the time the Contract is concluded.

10.7Compensation of harm and costs by the User. The User must compensate the Provider for all harm and reasonably incurred costs that the Provider incurs as a result of a breach of the Terms by the User or by persons under paragraph 6.5, or of the Content or Recipient addresses, in particular:

• a)costs and losses in connection with measures taken by AWS (e.g. suspension or restriction of the Provider's Amazon SES account, additional fees, costs of investigation and remediation);
• b)costs of restoring the sending reputation, including removal from blocklists;
• c)fines and other sanctions imposed on the Provider by public authorities;
• d)amounts the Provider pays to third parties (including Recipients) on the basis of their claims and the costs of defending against such claims, including legal fees.

The Provider will inform the User without undue delay of any claim asserted by a third party, and the User will provide the necessary cooperation. The Provider will not admit a third-party claim without consulting the User, unless this is necessary to avert imminent harm.

10.8Force majeure. Neither party is liable for failure to perform an obligation if it was prevented from doing so by an extraordinary, unforeseeable and insurmountable obstacle arising independently of its will, in particular a large-scale outage of cloud services or the internet, a cyberattack, blocklisting not caused by that party, a measure of a public authority, a natural disaster or a power outage. The party affected by force majeure will inform the other party without undue delay.

Article 11 – 11Intellectual property and feedback

11.1The Service's software, the Dashboard, the API, the Documentation and other elements of the Service are protected in particular by Act No. 121/2000 Coll., the Copyright Act, and belong to the Provider or its licensors.

11.2For the term of the Contract, the Provider grants the User a non-exclusive, non-transferable licence, without the right to grant sub-licences, to use the Service and the Documentation for the purposes of its business, including Client Applications, to the extent and under the conditions of the Terms. The licence is free of charge unless the parties agree otherwise.

11.3The software development kits (SDKs) for Node.js and .NET are provided under their own open-source licence (MIT), which governs the use of their code. The use of the Service through the SDKs is governed by these Terms.

11.4The Service is independent and not affiliated with the company operating the Resend service; API compatibility does not imply endorsement by or cooperation with it. Third-party names and trademarks belong to their owners.

11.5Content belongs to the User or to third parties. For the period during which the Provider processes Content under the Terms and Annex 1, the User grants the Provider a non-exclusive, royalty-free licence to store, reproduce, transmit and technically modify it (e.g. by adding a DKIM signature or technical headers) to the extent necessary to provide the Service. The User declares that it is entitled to grant this licence.

11.6Feedback. Suggestions, comments and other feedback from the User about the Service may be used by the Provider free of charge and without restriction. The Provider is not obliged to take them into account.

Article 12 – 12Personal data protection and confidentiality

12.1The Provider processes the personal data of persons acting for the User and data on the use of the Account as a controller. Details are set out in the Privacy Policy.

12.2The Provider processes personal data contained in Messages and related records on behalf of the User as a processor. This processing is governed by Annex 1 (Data Processing Terms), which constitutes a data processing agreement under Art. 28(3) GDPR and is concluded in electronic form (Art. 28(9) GDPR) by accepting the Terms.

12.3The User acknowledges that the Provider processes, as an independent controller, the Suppression List and aggregated data on bounces, complaints and abuse of the Service, for the purpose of protecting the deliverability, security and reputation of the Service (Article P13 of Annex 1). The User will appropriately inform Recipients of this in its own privacy information.

12.4The Provider keeps confidential any non-public information about the User's business that it learns in connection with the Contract. The confidentiality obligation does not apply to disclosure under paragraph 7.14, disclosure required by law or by a public authority, or disclosure to advisers bound by confidentiality.

Article 13 – 13Changes to the Terms

13.1The Contract is concluded in the ordinary course of business with a larger number of persons and obliges to repeated performance of the same kind. The Provider may therefore, under Section 1752 of the Civil Code, change the Terms to a reasonable extent, in particular due to changes in legislation, requirements of AWS or mailbox providers, security or changes to the Service.

13.2The Provider will notify the User of a change to the Terms by e-mail sent to the Account's e-mail address at least 30 days before it takes effect. The notice contains a summary of the changes and a link to the new version. The Provider will also publish the new version on the Service's website.

13.3The User has the right to reject the change and, for that reason, to terminate the Contract by an e-mail delivered to the Provider before the change takes effect. The notice takes effect on the day of delivery or, if the User so chooses, on the day before the change takes effect. Termination under this paragraph is not subject to any penalty or fee. If the User does not reject the change by the day it takes effect, the User is deemed to have accepted it.

13.4A change prompted by a change in legislation, a decision of a public authority, an AWS requirement or an urgent security reason, a change exclusively in the User's favour, and a purely formal change (e.g. correction of a typing error or change of contact details) may be made effective by the Provider within a shorter period, or on the day of notification. The User's right to terminate the Contract under paragraph 13.3 is not affected.

13.5Changes to the list of sub-processors are governed by Article P7 of Annex 1. Changes to the Service are governed by paragraph 4.9.

13.6Other changes to the Contract may only be made by agreement of the parties in text form; an exchange of e-mails suffices.

Article 14 – 14Communication and delivery

14.1The parties communicate electronically, in Czech, or in English if they so agree.

14.2The Provider delivers documents to the User by e-mail to the Account's e-mail address; it may also publish operational information in the Dashboard. Notices of changes to the Terms, of suspension, restriction or termination of the Service and notices of termination are always sent by e-mail.

14.3The User delivers documents to the Provider by e-mail to mail@martinsil.cz. The phone may be used for urgent operational matters; legal acts are made by e-mail.

14.4An e-mail is deemed delivered at the moment it reaches the addressee's mail server. If that moment cannot be determined, it is presumed to have been delivered on the first business day after sending, unless the sender received a notice that it could not be delivered.

14.5The User must keep the Account's e-mail address functional. If the User needs to change it, the User will ask the Provider to do so.

14.6Text form (e-mail) is sufficient for legal acts under the Contract; no signature is required.

Article 15 – 15Governing law, dispute resolution and final provisions

15.1The Contract and the rights and obligations arising from it are governed by the laws of the Czech Republic, in particular the Civil Code, excluding its conflict-of-law rules. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.

15.2The parties will first try to resolve disputes amicably.

15.3If a dispute cannot be resolved amicably, it will be decided by the courts of the Czech Republic; the court with local jurisdiction is the Provider's general court (the court competent according to the Provider's registered place of business). If the User has its registered office in another Member State of the European Union, this constitutes a choice-of-court agreement under Art. 25 of Regulation (EU) No 1215/2012 of the European Parliament and of the Council.

15.4Under Section 630 of the Civil Code, the parties agree that the limitation period for the parties' rights under the Contract, including the right to compensation of harm, is 1 year. This does not apply to rights to compensation for harm to liberty, life or health, to rights arising from an intentional breach of an obligation, or to other cases in which the law does not permit the limitation period to be shortened.

15.5If any provision of the Contract is or becomes invalid, ineffective or unenforceable, this does not affect the other provisions. The parties will replace it with a provision that comes closest to its purpose.

15.6The Contract constitutes the entire agreement of the parties on its subject matter and supersedes all prior arrangements about it; this does not affect individual arrangements under paragraph 1.4, which take precedence over the Terms (Section 1751(1) of the Civil Code).

15.7The User may not assign the Contract or rights under it to a third party without the Provider's prior consent. The User consents in advance to the Provider assigning the Contract to a person who will continue to operate the Service (e.g. a company controlled by the Provider); the assignment takes effect towards the User upon notification, and in such a case the User may terminate the Contract under paragraph 9.4.

15.8The Terms are published on the Service's website, where the User can view, save and print them. The Provider archives the individual versions of the Terms and the records of their acceptance and will make them available to the User on request.

15.9The Terms are issued in Czech and English. In the event of any discrepancy, the Czech version prevails.

15.10These Terms (version 1.0) take effect on 15 October 2026.

Annex 1Data Processing Terms

Data processing agreement under Art. 28 GDPR

Article P1 – P1Introductory provisions

P1.1This Annex governs the processing of personal data that the Provider (in this Annex also the "processor") carries out on behalf of the User (in this Annex also the "controller") when providing the Service. It forms an integral part of the Contract and is concluded in electronic form by accepting the Terms (Art. 28(9) GDPR).

P1.2Where the User processes personal data as a processor on behalf of another controller (e.g. its customer), the Provider is its sub-processor. In such a case, the User is responsible for having the necessary authorisation from its controller to engage the Provider and for ensuring that the instructions it gives the Provider correspond to that controller's instructions.

P1.3In matters of personal data processing, this Annex takes precedence over the other provisions of the Terms. Capitalised terms have the meaning given to them in Article 2 of the Terms.

Article P2 – P2Subject matter, duration, nature and purpose of processing

P2.1Subject matter: the processing of personal data contained in Messages that the User or a Client Application sends through the Service, and in related records.

P2.2Duration: for the term of the Contract and thereafter until the data are deleted or returned under Article P11.

P2.3Nature of processing: receiving a Message via the API; temporary storage of attachments uploaded to Amazon S3 storage (for no more than 1 day); checking Recipient addresses against the Suppression List; passing the Message to Amazon SES for sending and its delivery to the Recipients' mail servers; receiving and storing delivery events; keeping the content of Messages for 30 days and Message metadata and delivery events for 90 days from sending; keeping API request logs for 30 days; displaying these records in the Dashboard; backups; automated and, in justified cases, manual inspection to protect against abuse (paragraph 7.12 of the Terms).

P2.4Purpose of processing: providing the Service, i.e. sending Transactional Messages on behalf of the User and keeping records of their sending and delivery, and ensuring the security of the Service and protection against its abuse.

Article P3 – P3Categories of personal data and data subjects

P3.1Categories of personal data:

• a)Recipients' e-mail addresses ("to", "cc", "bcc" fields) and addresses in the "Reply-To" field;
• b)names stated in Message headers;
• c)the subject and content of Messages (HTML and text), custom headers and tags;
• d)attachments (their content only temporarily, see Article P2.3) and their metadata (name, type, size);
• e)Message metadata (time, status, message identifier, Domain, API Key used);
• f)delivery events (delivery, delay, permanent and temporary bounce including diagnostic information from the receiving server, complaint, rejection);
• g)any other personal data that the User includes in the Content.

P3.2The User will not include in Messages special categories of personal data (Art. 9 GDPR) or data relating to criminal convictions and offences (Art. 10 GDPR), unless this is necessary and lawful for the purpose of the Transactional Message and the User has assessed that the measures under Article P6 are sufficient for such data. The User acknowledges that the Service does not encrypt Messages end-to-end and keeps the content of Messages in its records for 30 days from sending.

P3.3Categories of data subjects: Recipients of Messages; persons named in Message headers; End Users and other persons whose data the User includes in the Content.

Article P4 – P4Controller's instructions

P4.1The processor processes personal data only on documented instructions from the controller, including with regard to transfers to a third country, unless required to do so by European Union or Czech law; in such a case, it informs the controller of that legal requirement before processing, unless that law prohibits it.

P4.2Documented instructions are the Contract including the Terms, API calls and settings made in the Dashboard, as well as other instructions agreed by the parties in text form.

P4.3The processor will inform the controller without undue delay if, in its opinion, an instruction infringes the GDPR or other data protection legislation. The processor is not obliged to follow instructions that go beyond the scope of the Service; in such a case the controller may terminate the Contract.

Article P5 – P5Confidentiality

P5.1The processor processes personal data personally. If it makes them available to another person authorised to process them (e.g. a support contractor), it will ensure that such person has committed to confidentiality or is under a statutory obligation of confidentiality. The confidentiality obligation survives the end of the Contract.

Article P6 – P6Security of processing

P6.1The processor implements technical and organisational measures under Art. 32 GDPR appropriate to the nature, scope, context and purposes of processing and to the risks to the rights and freedoms of natural persons, in particular:

• a)encryption of data in transit (TLS) between Client Applications, the Service and sub-processors;
• b)encryption of stored data at the infrastructure level of the sub-processors;
• c)storing API Keys only as a hash;
• d)passwordless sign-in to the Account (one-time code, Google, Discord);
• e)separation of the data of individual Accounts, with each User seeing only its own records;
• f)restriction of access to production systems to the Provider, protected by strong authentication;
• g)request rate limiting and sending limits;
• h)verification of Domains before sending;
• i)non-public attachment storage with automatic deletion within 1 day at the latest;
• j)reduced API request logs from which Message text and attachment content are removed;
• k)storage of data in European Union regions (Stockholm, Frankfurt);
• l)regular database backups and updates of the software used.

P6.2The processor may change the measures, provided that the overall level of security is not reduced.

Article P7 – P7Sub-processors

P7.1The controller gives the processor a general written authorisation to engage sub-processors. As of the effective date of the Terms, the sub-processors listed in Article P17 are engaged.

P7.2The processor will inform the controller by e-mail of any intended addition or replacement of a sub-processor at least 14 days in advance. Within that period, the controller may raise a reasoned objection to the change in text form. The parties will try to resolve the objection; if they fail, the controller may terminate the Contract with effect no later than the date of the change, without any penalty. If the controller does not object within that period, it is deemed to have agreed to the change.

P7.3The processor will impose on each sub-processor, by contract, data protection obligations providing sufficient guarantees under Art. 28(4) GDPR (as a rule through that sub-processor's standard data processing terms). The processor is liable to the controller for the performance of a sub-processor's obligations as for its own performance, within the limits of Article 10 of the Terms.

Article P8 – P8Transfers to third countries

P8.1Personal data are stored in data centres in the European Union. Some sub-processors are companies established in the United States of America or are part of a group with a parent company in the USA; personal data may therefore be accessed from or transferred to the USA (e.g. for technical support or operation of a global network). Such transfers are governed by Commission Implementing Decision (EU) 2023/1795 on the adequate level of protection (the EU-US Data Privacy Framework) for certified recipients and/or the standard contractual clauses under Commission Decision (EU) 2021/914.

P8.2If the adequacy decision ceases to be valid, the standard contractual clauses or another appropriate safeguard under Art. 46 GDPR will apply; the controller agrees to this.

P8.3The delivery of a Message to a Recipient's mail server, which may be located anywhere in the world, is carried out on the controller's instruction and under its responsibility; it is not a transfer of personal data to a sub-processor.

Article P9 – P9Assistance to the controller

P9.1Data subject rights. The processor assists the controller by appropriate technical and organisational measures in fulfilling its obligation to respond to requests to exercise data subject rights. The controller has access to records of Messages in the Dashboard; at the controller's request, the processor will, within a reasonable period, as a rule within 10 business days, search for, export or delete records relating to a specific Recipient. If the processor receives a request directly from a data subject, it will forward it to the controller without undue delay and will not respond to it itself, except to refer the data subject to the controller or unless the controller instructs otherwise.

P9.2Further assistance. Taking into account the nature of processing and the information available to it, the processor assists the controller in ensuring compliance with its obligations under Art. 32 to 36 GDPR (security, notification of personal data breaches, data protection impact assessment and prior consultation). The processor may make assistance beyond the ordinary provision of the Service conditional on reimbursement of reasonably incurred costs.

Article P10 – P10Personal data breach

P10.1The processor will notify the controller of a breach of security of personal data processed on behalf of the controller without undue delay, and no later than 48 hours after becoming aware of it, by e-mail to the Account's e-mail address.

P10.2To the extent the information is available, the notification contains: a description of the nature of the breach including the categories and approximate number of data subjects and records concerned; the likely consequences; the measures taken or proposed to address the breach and mitigate its possible adverse effects; and contact details. Where not all information is available at once, the processor will provide it in phases without further undue delay.

P10.3The processor keeps records of personal data breaches and will provide the controller with reasonable assistance in notifying them to the supervisory authority and to data subjects. Notification of a breach is not an admission of liability.

Article P11 – P11Deletion and return of personal data

P11.1During the term of the Contract, the following retention periods apply: attachments in Amazon S3 storage no more than 1 day; API request logs 30 days; content of Messages (message body in HTML and text form) 30 days from sending; Message metadata (sender and Recipient addresses, subject, headers, tags, attachment metadata) and delivery events 90 days from sending. After these periods the data is deleted automatically; at the controller's request the processor deletes it earlier.

P11.2The controller may request the return of personal data no later than the end of the Contract; in such a case, the processor will provide it, within 30 days, with an export of the records of Messages and delivery events in a common machine-readable format (e.g. JSON or CSV).

P11.3After the end of the Contract, the processor will delete the personal data processed on behalf of the controller within 30 days. In backups they will expire as part of the regular backup rotation; until then they remain protected and are neither further processed nor restored. On request, the processor will confirm the deletion to the controller.

P11.4The deletion obligation does not apply to data whose retention is required by European Union or Czech law, or to data the processor processes as an independent controller under Article P13.

Article P12 – P12Information and audits

P12.1On request, the processor will make available to the controller all information necessary to demonstrate compliance with the obligations under Art. 28 GDPR, in particular the description of the measures under Article P6 and the available reports and certifications of the sub-processors.

P12.2If this information is insufficient, the processor will allow an audit or inspection conducted by the controller or by an auditor mandated by the controller, under the following conditions: a request delivered at least 30 days in advance; no more than once every 12 months, unless there has been a personal data breach or the audit is required by a supervisory authority; during normal business hours and without disrupting the operation of the Service; the auditor is bound by confidentiality and is not a competitor of the processor; the costs of the audit are borne by the controller. The audit does not extend to the facilities of sub-processors, for which the processor may rely on their reports and certifications.

Article P13 – P13Processing by the Provider as an independent controller

P13.1The Provider processes as an independent controller, not as a processor, in particular: data of persons acting for the User and data on the use of the Account; the Suppression List, which is shared by all accounts and retained even after the Account ends; aggregated data on bounces and complaints, and records of abuse investigations and of notices under Article 8 of the Terms. The legal basis is the Provider's legitimate interest in protecting the deliverability, security and reputation of the Service and in complying with AWS requirements (Art. 6(1)(f) GDPR). Details are set out in the Privacy Policy.

Article P14 – P14Obligations of the controller

P14.1The controller is responsible for having a valid legal basis for the processing of personal data, including their transfer to the Provider, for having provided data subjects with the information under Art. 13 and 14 GDPR, for including in Messages only personal data necessary for their purpose, and for its instructions being lawful.

Article P15 – P15Liability

P15.1The parties' liability under this Annex is governed by Article 10 of the Terms. This does not affect the rights of data subjects under Art. 82 GDPR.

Article P16 – P16Duration of this Annex

P16.1This Annex is effective for the term of the Contract and thereafter for as long as the processor processes personal data on behalf of the controller.

Article P17 – P17List of sub-processors

Google and Discord, whose accounts can be used to sign in to the Service, are not sub-processors; they process sign-in data as independent controllers.