LetterOnCloud

Terms and Conditions of the LetterOnCloud Service

1. General Provisions

  1. These Terms and Conditions define the rules of providing electronic services via the LetterOnCloud service available at https://letteroncloud.com (hereinafter: the "Service"), operated by Marcin Frątczak Framar with its registered office in Katowice (ul. Rybnicka 13/30, 40-038 Katowice, Poland), VAT No.: PL6252163911 (hereinafter: the "Service Provider").

  2. The Terms are made available free of charge via the Service and constitute the regulations referred to in Article 8 of the Polish Act of 18 July 2002 on the provision of services by electronic means. Each User is obliged to read the content of the Terms before beginning to use the Service.

  3. Acceptance of these Terms is voluntary, but required to register an Account and use the Service's services. By registering or using the Service, the User confirms that they have read the Terms and accept its provisions.

  4. Via the Service, the Service Provider provides a SaaS (Software as a Service) application LetterOnCloud – a platform for managing newsletters and subscription content online. The service includes, among others, the ability to organize, read and archive newsletters in one place, search within newsletter content, categorize newsletters by topic, integrate with RSS, and use recommendations of new content.

  5. The Service may be used by both Consumers and Users who are Entrepreneurs. To the extent that Users are Consumers (as defined below), the provisions of these Terms do not infringe their rights granted by generally applicable law (in particular the Consumer Rights Act and the Civil Code).

2. Definitions

For the purposes of the Terms, the following terms mean:

  • Service Provider – Marcin Frątczak conducting business under the name Framar (address and identification data as above), providing the services specified in these Terms.
  • User (or Service Recipient) – a natural or legal person using the Service. This term includes both Consumers and Entrepreneurs using the Service's services.
  • Consumer – a natural person entering into a legal transaction with an entrepreneur not directly related to their business or professional activity, as well as a sole proprietor concluding an agreement not directly related to their professional activity (the so-called entrepreneur acting as a consumer), to whom the provisions of law grant consumer rights.
  • Service – the LetterOnCloud online service operated by the Service Provider at https://letteroncloud.com, including the LetterOnCloud web application and mobile application.
  • Mobile Application – the LetterOnCloud mobile app for portable devices (iOS/Android), allowing use of the Service's features on a smartphone or tablet.
  • Account – an individual User profile in the Service, created during registration, protected by a login (email address) and password (or via external login, e.g. Google). The Account enables the User to use LetterOnCloud services, access collected content, and manage settings (including subscription plan).
  • Services – the electronic services provided by the Service Provider via the Service, consisting in particular of providing access to the LetterOnCloud platform's functionalities (described in these Terms). These services also include additional free electronic services such as an informational newsletter or a waiting list.
  • Subscription Plan (hereinafter "Plan" or "Subscription") – a paid package of services offered by the Service Provider, allowing the User access to the full functionalities of the Service for a specified time (Billing Period). Available Plans include: a monthly subscription, an annual subscription, and a lifetime access plan. Details and prices of the Plans are specified in the Price List.
  • Price List – information on the current Subscription Plans and their prices, available on the Service website in the "Pricing/Cennik" section. The Price List is an integral part of the Terms.
  • Billing Period – the period for which the Subscription fee is paid. For the monthly plan, the billing period is 1 month; for the annual plan – 12 months, counted from the day the subscription is activated (unless otherwise specified in the Plan description).
  • Trial Period – a free 14-day trial period offered to new Users to try the Service before starting a paid subscription.
  • Newsletter – a free electronic service provided by the Service Provider, consisting of periodically sending subscribed persons information regarding the Service (in particular, app news, guides, and offers of the Service Provider's products). The Newsletter is sent to the provided email address and can be cancelled by the User at any time.
  • Waiting List – a service consisting of collecting email addresses of persons interested in the Service (e.g. before the official launch or before new features are released). Persons signed up to a waiting list receive one-time or occasional email information about the launch or new features of the Service.
  • Agreement – the agreement for the provision of electronic services concluded between the User and the Service Provider under the conditions of these Terms. The Agreement is concluded at the moment of Account registration (with respect to free services, including the trial period), and in the case of paid services – upon the User placing an order and paying for the selected Plan (which is equivalent to activation of a paid subscription).

3. Technical Requirements

  1. To use the Service, the User must have a device with internet access and an up-to-date web browser supporting HTML5, CSS3, and JavaScript (recommended browsers include Chrome, Firefox, Safari, or Edge). The User's browser should have cookies and JavaScript enabled.

  2. The Service can be used on personal computers as well as mobile devices. Using the Mobile Application requires a smartphone or tablet with Android (version ...) or iOS (version ...) and installation of the LetterOnCloud app from the appropriate store (Google Play / Apple App Store).

  3. The User should have an active email address, which is necessary for Account registration and communication with the Service Provider.

  4. To fully utilize the Service's functionalities (e.g. automatic import of newsletters), an email account with an external provider (e.g. Gmail) may be required, and possibly granting the Service certain access permissions to that account via the OAuth2 protocol, or configuring email forwarding to an assigned alias address (details below).

  5. The Service Provider strives to ensure that the Services can be used with the most popular hardware and software configurations. The Service Provider will inform of any specific technical recommendations or limitations either in these Terms or on the Service's help pages.

4. Account Registration

  1. Account Creation: Access to the full functionalities of the Service requires an Account registration. Registration is done by completing the registration form on the Service website and providing the required data (at minimum an email address) and setting a password. Alternatively, the User may register/log in using an external account, such as a Google account ("Sign in with Google"). In the case of registration via Google, the User consents to our obtaining from that provider the necessary information, such as name and email address, to create an Account in the Service.

  2. Registration Requirements: By registering an Account, the User represents that: (a) they have provided true and up-to-date data required in the registration process; (b) they have read and accept these Terms; (c) they are an adult with full legal capacity, and in the case of a minor (at least 16 years old) – that they have the consent of a legal guardian to conclude the Agreement and use the Service. If the User is registering on behalf of a legal person or organization, they also declare that they have authority to bind that entity to these Terms. The Service Provider may refuse to create an Account or may block an Account if the data provided raise justified doubts as to their truthfulness, or if the User is in breach of these Terms.

  3. Password Security: The User is obliged to keep their Account login credentials (password) confidential. It is prohibited to share one's Account with other persons. The User is responsible for any actions or omissions of persons whom they have allowed to access the Account, as if they were the User's own actions. The Service Provider will never ask the User to provide their password (except via the standard login procedure on the Service). If the User suspects that their password or Account has been obtained by an unauthorized person, the User should immediately change the password and inform the Service Provider.

  4. Unique Account: One natural or legal person may have only one active Account on the Service, unless the Service Provider consents to the creation of multiple Accounts (e.g. separate Accounts for different projects within one company). It is forbidden to create multiple Accounts by the same person in order to circumvent limitations or abuse promotions (e.g. using the trial period multiple times). The Service Provider reserves the right to verify the number of Accounts held by a User and to delete or block any additional Accounts created in violation of this provision.

  5. User Profile: After registration, the User may voluntarily complete their profile with additional information (e.g. name, avatar, etc.), which may be used in the Service (for example, displayed in Account settings, personalized communications, or alongside content the User shares publicly, such as newsletter collections). Providing this data is optional.

5. Scope of the Service's Functionalities

  1. LetterOnCloud Service: The Service Provider, via the Service, enables use of the LetterOnCloud application for managing email newsletters. The main features available to the User include:

    • Newsletter Email Alias: Upon registration, the User receives a unique email address in the *@app.letteroncloud.com domain (alias), which can be used to subscribe to new newsletters instead of using their personal address. Any email messages (newsletters) sent to this alias are automatically forwarded to the User's Account in the Service and stored there.
    • Newsletter Import: The User can also integrate their existing email account (e.g. Gmail) with the Service to automatically detect and forward newsletters they have been receiving to LetterOnCloud. Integration is done with the User's consent – by logging into the external email via an OAuth2 mechanism or by configuring email forwarding. The Service detects email messages that are newsletters (e.g. based on headers, sender, or content) and copies them into the User's newsletter library in LetterOnCloud.
    • Categorization and Organization: Newsletters collected in the Service are automatically categorized by topic. LetterOnCloud's algorithms identify topics and assign newsletters to appropriate categories (e.g. technology, business, hobby, etc.), so that the User can easily browse content of interest. The User can also create their own folders or tags, filter content, and set rules (e.g. hiding or bundling certain newsletters).
    • Full-Text Search: The Service provides an advanced search engine allowing the User to search all collected newsletter content by keywords or phrases. This enables the User to quickly find needed information in the history of subscribed messages.
    • Archiving and Offline Access: All newsletters received through the Service are stored in the User's archive, accessible online at any time. The mobile application additionally allows saving selected content for offline mode, enabling reading without internet access.

  2. Data Storage Limits: The Service operates within defined data storage limits to ensure optimal performance and availability:

    • Attachment Storage: Each User account has a limit of 10 GB for storing images and email attachments contained within newsletters. This includes any graphics, photos, PDFs, or other files attached to received newsletters.
    • Database Storage: Each User account has a limit of 1 GB for database storage of email content and full-text search functionality. This covers the text content of newsletters and associated metadata required for search and categorization features.
    • Capacity Guidelines: These limits are designed to accommodate at least 100,000 newsletters for typical usage patterns, providing substantial storage for the vast majority of users.
    • Limit Monitoring and Expansion: If a User approaches or exceeds these limits, the Service Provider will notify the User via email and through the Account interface. Users may request limit increases, which may be available as paid add-ons or upgraded plans. The Service Provider reserves the right to suspend certain functionalities (such as receiving new newsletters) if limits are significantly exceeded without resolution.
    • Data Management: Users are encouraged to periodically review their stored content and delete unnecessary items to stay within limits. The Service may provide tools to help Users manage their storage usage effectively.

  3. Service Availability: The Service Provider will use due care to make the Service available to Users 24 hours a day, 7 days a week. However, for technical reasons (maintenance, updates, failures beyond the Service Provider's control, etc.), short interruptions in Service availability may occur. Where possible, the Service Provider will inform Users of planned technical breaks in advance (e.g. via a notice on the Service or an email).

  4. Development and Changes in Features: The Service and the LetterOnCloud application may be developed and updated. The Service Provider reserves the right to introduce new functionalities, modify existing ones, or withdraw certain features (e.g. to improve service quality or adapt to changes in the legal or technological environment). Any significant changes in functionality that affect the scope of services provided will be communicated to Users (e.g. via an announcement on the website or by email). Changes that are improvements or additions that do not worsen the User's situation may be implemented without prior notice.

6. Rules of Using the Service and User Obligations

  1. Allowed and Prohibited Actions: The User agrees to use the Service and its services in accordance with their intended purpose, these Terms, applicable law, and good practices. In particular, it is prohibited to:

    • provide or store via the Service unlawful content, including content that is offensive, vulgar, pornographic, infringes personal rights or third-party copyrights, or incites hatred, violence, or the commission of a crime;
    • use the Service to undertake actions that violate the law or third-party rights (e.g. sending spam, unauthorized distribution of someone else's copyrighted newsletter content, etc.);
    • attempt to disrupt the operation of the Service or circumvent its security (e.g. attempts of unauthorized access to the system, interfering with source code, exploiting software bugs to gain undue advantages);
    • use other Users' accounts or share one's Account with other people (except for sharing collections or content through provided functionalities);
    • undertake actions aimed at excessively burdening the Service's infrastructure (e.g. automated mass downloading of content, use of bots without the Service Provider's consent);
    • use the Service for commercial purposes other than those provided in these Terms; in particular, it is forbidden to sell access to one's Account or to resell LetterOnCloud services to others without the Service Provider's consent.

  2. Newsletters and External Content: The User acknowledges that newsletter content collected in the Service comes from external publishers (newsletter senders) and is not controlled or modified by the Service Provider. The User should use information contained in newsletters with caution. Any use of such information (e.g. making business decisions based on a newsletter's content) is at the User's sole risk. The Service Provider is not responsible for the accuracy, completeness, or usefulness of information originating from external newsletters. If the User decides to publicly share content originating from newsletters via the Service's functionality (e.g. by creating a public collection or forwarding a newsletter to third parties), the User should ensure they have the right to do so (e.g. under the limits of lawful use or based on the newsletter publisher's consent). The Service Provider reserves the right to remove or block content shared by the User if it obtains credible information that such content violates the law or third-party rights.

  3. Reporting Violations: If the User notices that another User is engaging in activities that are not in accordance with the Terms or law in connection with use of the Service, the User should inform the Service Provider of such event (e.g. by sending a report to the contact address). The Service Provider may take appropriate actions, including removing or blocking content that violates the Terms, or temporarily suspending the violating User's Account pending clarification of the matter.

7. Subscription Models and Payments

  1. Types of Plans: The Service Provider offers the following models for access to paid Service functionalities:

    • Monthly Plan: A subscription renewed monthly, paid in advance for a monthly Billing Period. Price: 6.99 EUR per month (gross).
    • Annual Plan: A subscription renewed every 12 months, paid in advance for an annual Billing Period. Price: 59.99 EUR per year (gross). The annual plan is more cost-effective – equivalent to approximately 4.99 EUR per month (about 30% savings compared to the monthly plan).
    • Lifetime Plan: Lifetime access – a one-time fee providing access to the Service's services for an unlimited time (for the lifetime of the offered functionalities). Price: 199 EUR (one-time, gross). This Plan requires no further subscription payments. (Note: The prices above include all applicable taxes, including VAT where required by law. For Users outside the euro zone, the amount charged may be converted to local currency according to the exchange rate and rules of the payment operator or the User's bank.)

  2. Free Trial Period: New registered Users are provided a one-time opportunity to use a 14-day free trial period. The trial period allows full access to paid Service functionalities for 14 days without any fee. As a condition of using the trial, the User may be required to provide credit card details or another payment method at registration (to facilitate seamless continuation of the subscription after the trial). The User will not be charged any fee during the trial period.

    • The trial period begins at the moment of activation (after Account creation and providing payment details, if required) and lasts 14 consecutive calendar days.
    • Each User may use the free trial only once. Exploiting multiple trial periods by the same person (e.g. by creating multiple Accounts) constitutes a violation of the Terms. The Service Provider may, in justified cases, refuse to grant a trial period (or terminate it) to a User suspected of abusing this promotion.
    • Cancellation during the trial: If the User decides not to continue with a paid subscription after the trial, they should cancel the subscription (opt-out) before the 14 days elapse – this can be done in the Account settings (subscription management section) or by contacting the Service Provider's support. Canceling before the end of the trial period will result in the User's Account losing access to paid features upon trial expiration and no fee will be charged. The User will retain their Account and access to any free portion of the Service (if such functionality is available) or the account will be deactivated – according to the User's choice.
    • Conversion to paid subscription: If the User does not cancel the subscription before the end of the trial period, on the day following the 14-day trial the trial will automatically convert into a paid subscription according to the Plan previously selected. This means that at the moment the trial ends, the system will charge the payment method provided by the User the amount due for the next Billing Period (e.g. monthly or annual, depending on the chosen Plan). Note: The Service Provider may not send a separate notification of the upcoming end of the trial period – it is the User's responsibility to monitor the trial end date if they do not plan to continue the subscription.

  3. Conclusion of Agreement and Subscription Activation: Upon the User's payment for the selected Subscription Plan and the system's confirmation of payment receipt, an agreement is concluded between the Service Provider and the User for a fixed term equal to the Billing Period (for a monthly plan – one month; for an annual plan – one year). In the case of renewable plans, each renewal (extension) of the subscription for the next period occurs automatically, which is equivalent to concluding a new agreement for the next period, unless the User opts out of further use before the renewal date (see point 5 below). For the lifetime Plan, the agreement is concluded for an indefinite period (unlimited access). The Service Provider will provide the User with confirmation of the agreement conclusion (e.g. by email along with payment confirmation).

  4. Payments: Electronic payment processing in the Service is handled by an external payment operator (e.g. Stripe, PayPal, or another provider – information on the current operator is provided during the payment process). Credit card details or other information needed to make a payment are transmitted directly to the operator's secure system – the Service Provider does not store full card details (it may retain only an encrypted transaction identifier or the last digits of the card for identification purposes). The User must ensure that the provided payment information is up-to-date and that they have sufficient funds to cover the payment.

    • In the case of recurring subscriptions, the User authorizes the Service Provider (through the payment operator) to charge the chosen payment method for the subscription fee due for each subsequent Billing Period until the User cancels the subscription.
    • If an automatic payment for subscription renewal is declined (e.g. due to an expired card or insufficient funds), the Service Provider may send the User a reminder and provide an opportunity to settle the payment within a specified deadline. If the payment is not made, the subscription may be suspended or terminated, of which the User will be informed.
    • Upon the User's request, the Service Provider will issue a VAT invoice documenting the subscription payment – for this purpose, the User should provide the required invoice data (e.g. company name, address, tax number) before making the payment or immediately after. The invoice may be provided in electronic form (PDF for download from the Account or sent via email).

  5. Subscription Cancellation (Opt-Out of Renewal): The User may cancel further renewal of a subscription at any time. Cancellation (disabling renewal) is possible via the appropriate function in the Account settings (subscription section) or by contacting the Service Provider (an email request for cancellation). Cancellation of the subscription:

    • For the monthly or annual plan: results in the subscription expiring at the end of the current paid Billing Period and not being renewed for a further period. The User retains full access to paid features until the end of the period for which they have paid, after which access will be limited (to a free version, if one exists) or the Account will be downgraded. Non-renewal does not entitle the User to a refund of the fee for the unused period until the end of the subscription (the User may continue to use the services until the end of the paid period).
    • For the lifetime plan: not applicable (the lifetime plan does not require renewal). However, the User may at any time cease using the Service by deleting their Account – which constitutes termination of the agreement with immediate effect. In the case of the lifetime plan, resignation does not entitle the User to a refund of the one-time fee (unless special circumstances described in these Terms or provided by law apply).

  6. Satisfaction Guarantee – Refund: The Service Provider offers Users who are new customers a satisfaction guarantee under the following conditions:

    • User without trial period: A new User who purchased a subscription without first using the free trial period has the right, within 30 days from the start of the paid subscription, to resign from the service and request a refund of the fee paid. The refund covers the full amount of the subscription fee for the first subscription period (e.g. month or year), and the agreement is terminated with immediate effect.
    • User after trial period: A User who used the 14-day trial period and then made a payment for a subscription has the right to resign from the service and request a refund of the fee within 14 days from the start of the paid subscription. The refund covers the full amount of the subscription fee for the first subscription period, and the agreement is terminated with immediate effect.
    • To use the guarantee and obtain a refund, the User must, within the relevant period (14 or 30 days, depending on the situation), submit a cancellation and refund request. The refund will include the full subscription fee paid for the first period and will be processed to the same payment channel used for the purchase, unless the User expressly agrees to a different refund method.

    If the User is a Consumer and began using the services before 14 days elapsed from concluding the agreement (which in practice occurs immediately upon registration and logging into the Service or activating a subscription/trial), by consenting to this and beginning use, the Consumer loses the statutory right to withdraw from the contract. In such a situation, the statutory withdrawal is not possible; however, the Consumer may take advantage of the 30-day money-back guarantee described above (provided they meet the conditions of that guarantee).

    For avoidance of doubt: any potential fee refunds to a Consumer in the event of a statutory withdrawal or under the satisfaction guarantee will be made via the same payment channel that was used for the payment, unless the Consumer expressly agrees to a different form of refund.

8. Newsletter and Waiting List

  1. Newsletter Service: The Service Provider offers Users (and other persons visiting the Service) the option to subscribe to a newsletter. The Newsletter is a free service consisting of sending subscribers periodic email messages containing information about the LetterOnCloud Service, usage guides, product news, and offers pertaining only to the Service Provider's products and services. The Newsletter does not include marketing content from unrelated third parties – it is not spam, but solely a source of information and offers regarding LetterOnCloud and possibly other products of the Service Provider.

  2. Subscription and Unsubscription:

    • Any interested person may subscribe to the newsletter by providing their email address in the signup form available on the website (e.g. in the newsletter signup section) and, optionally, by giving the relevant consents (if required). Subscription requires confirmation – a verification message (double opt-in) may be sent to the provided email address with a request to confirm the desire to subscribe. Only after confirmation will the address be added to the newsletter mailing list.
    • Users who purchase a paid subscription in the Service (a Plan) are automatically added to the newsletter subscribers list. The basis here is the User's relationship with the Service Provider as a customer – the newsletter is intended to send important service information, tips, and offers related to using the Service. Note: Every User has the right to opt out of receiving the newsletter at any time (see below), and unsubscribing from the newsletter does not affect the status of any paid subscription held.
    • Unsubscribing from the newsletter is possible at any time, without giving any reason. The footer of each newsletter email contains an unsubscribe link – simply click that link to be automatically removed from the recipients list. Alternatively, one may request to unsubscribe by contacting the Service Provider (e.g. by sending an email request to be removed from the newsletter). Unsubscription is implemented immediately or at the nearest technically possible time (it may happen that the User receives one more message that was sent out before the unsubscription was processed).

  3. Waiting List:

    • The Service Provider may maintain a waiting list for people interested in the Service (e.g. prior to the official platform launch or before a new feature is released). Signing up to a waiting list is done by providing an email address in the appropriate form (e.g. "Join the waiting list – notify me when the product launches").
    • Persons signed up on a waiting list will receive one-time or a few email messages from the Service Provider informing them about the status of the Service launch, availability of new features, or an invitation to register. Waiting lists are temporary – they serve the one-time delivery of information, after which they may be converted e.g. into a regular newsletter (with the person's consent) or, after sending the information, the email addresses are deleted unless the person also signs up for the permanent newsletter.
    • The privacy principles for the waiting list are analogous to those for the newsletter – email addresses are used solely for the purpose of delivering the requested information. Each participant of a waiting list may request removal of their address from that list at any time (a simple contact with the Service Provider, e.g. replying to a received email with a removal request, is sufficient).

9. Personal Data Protection and Privacy

  1. The Service Provider processes Users' personal data in accordance with applicable laws, including Regulation (EU) 2016/679 of 27 April 2016 (GDPR) and Polish data protection statutes. Detailed information about data processing is provided in a separate Privacy Policy available on the Service's website. The Privacy Policy complements these Terms and is an integral part of the rules for using the Service – Users are encouraged to read it carefully.

  2. Users' personal data (such as email address, password, name, subscription information, etc.) are used for purposes related to providing the services (Account registration, providing access to Service features, payments, communication in customer support, etc.), and also – with separate consent or on the basis of a legitimate interest – for the Service Provider's own marketing purposes (e.g. sending a newsletter).

  3. The Service Provider ensures the implementation of appropriate technical and organizational measures to protect Users' personal data against unauthorized access, loss, or alteration. Data are stored on secured servers, and data transmission (e.g. during login or communication between the app and server) is carried out using an encrypted protocol (SSL/TLS).

  4. A User using the Service consents to the processing of their personal data by the Service Provider to the extent necessary to provide electronic services. In case of login via external services (e.g. Google), the User agrees to certain data from that service (e.g. email address, first name) being conveyed to the Service Provider, in accordance with the external provider's privacy policies.

  5. The Service Provider does not disclose Users' personal data to other entities for their own marketing or private purposes, unless the User gives explicit consent. Data may be transferred to entities processing data on behalf of the Service Provider (e.g. companies maintaining IT infrastructure, email/SMS service providers, payment operator) – always on the basis of appropriate data processing agreements and with adherence to security requirements.

  6. Basic information about data location and storage: The LetterOnCloud Service operates using infrastructure located in the territory of the European Union. Users' data (including newsletter content) are stored on servers in data centers located in the EU, using reputable providers (such as Supabase, DigitalOcean for hosting, AWS SES for sending transactional emails, Mailgun EU for incoming mail handling and the newsletter). These providers have been carefully selected by the Service Provider and meet high security standards and GDPR compliance.

  7. Any questions or requests regarding personal data (e.g. a request to delete an Account and data) may be directed to the Service Provider in the manner specified in the Privacy Policy (e.g. by email to the contact address). The Service Provider respects the rights of data subjects – including the right to access one's own data, rectification, erasure, restriction of processing, portability, objection, or complaint to a supervisory authority – in accordance with the principles described in the Privacy Policy.

10. Intellectual Property Rights

  1. Service Provider's Rights: The Service, the Mobile Application, and the entire LetterOnCloud platform (including the software, source code, layout and composition of the pages, interface, logo, trade name, graphical and textual elements, etc.) constitute works protected by copyright and are owned by the Service Provider or are licensed to the Service Provider. All intellectual property rights to the Service and application are vested in the Service Provider or the appropriate third parties.

  2. License for the User: Upon obtaining access to the services (Account registration and, if applicable, payment of a subscription), the Service Provider grants the User a limited, non-exclusive, non-transferable license to use the LetterOnCloud Service and application solely for the User's personal use (or internal business use, if the User is an Entrepreneur) and solely for the purpose of using the Service's functionalities in accordance with these Terms. This license terminates upon termination of the agreement with the User (Account deletion or cessation of subscription payments).

  3. Prohibition of Infringement: The User does not acquire any intellectual property rights to the Service or its elements, apart from the right to use them within the permitted scope described above. In particular, it is prohibited to:

    • attempt to decompile, reverse engineer, or recreate the application's source code (unless such a right arises from mandatory provisions of law);
    • copy, modify, distribute, or publicly share any elements of the Service or content contained therein (except for content originating from the User – see point 4 below – or external newsletter content shared via the allowed functionality);
    • use the LetterOnCloud name, the Service's logo, or other Service Provider marks for commercial purposes without the Service Provider's written consent (e.g. it is forbidden to create applications or products referencing the LetterOnCloud brand in a manner that could mislead as to their affiliation with the Service Provider).

  4. Content Provided by the User: To the extent the User posts any of their own content in the Service that is subject to legal protection (e.g. comments, reviews, descriptions of newsletter collections, labels they create, etc.), the User retains copyright to such content; however, by placing such content in the Service, the User grants the Service Provider a non-exclusive, royalty-free license to use that content within the provided services (that is, to display it, reproduce it within the Service, publish it in areas the User has made available to others, etc.) to the extent necessary to perform the functionalities selected by the User. For example: if the User publishes a public collection of newsletters along with their own description, this content may be available to all visitors via a public link, and the Service Provider has the right to present it and store it on the server; if the User posts a review/testimonial about LetterOnCloud (e.g. on their profile in the Service), the Service Provider may quote that opinion within the Service or in promotional materials – always with attribution (identifying the author), unless the author has indicated otherwise. The User may delete their content from the Service at any time (if the functionality allows) – in such case the above license expires within a reasonable time needed to remove the content from backups and systems.

  5. Rights to Newsletter Content: The content of newsletters and email messages that the User accesses within the Service may be works or information protected by law by the publishers of those newsletters. The Service Provider acts only as an intermediary providing the User with a convenient tool to read and manage that content – the Service Provider does not acquire any copyright to the content of newsletters delivered to the User and does not grant the User any additional license to use them beyond what is allowed by law (e.g. personal use exceptions) or the terms of the newsletter subscription agreed between the User and the publisher. The User agrees to use the received newsletter content in a manner compliant with copyright law – e.g. not to publicly distribute full content for which they have no rights, except in circumstances falling under lawful use (such as a short quotation with source attribution, etc.).

  6. Violation of Rights: If the Service Provider finds that the User is violating the provisions of this section (Intellectual Property Rights), the Service Provider may call on the User to cease the violations and take appropriate legal steps as provided by law (including pursuing civil claims for unlawful use of works or marks). Moreover, regardless of the foregoing, a gross violation of intellectual property rights by the User may be deemed a serious breach of the Terms, resulting in the blocking or termination of the agreement (deletion of the Account) – in accordance with the provisions of the Termination of Agreement section below.

11. Service Provider's Liability and Complaints

  1. Nature of Services and General Liability: The Service Provider provides the User with access to the LetterOnCloud application and to digital content (newsletters) collected via the Service. The Service Provider undertakes to provide services with due care, but does not guarantee that the Service will operate continuously or error-free in all possible hardware configurations or under every network condition. The Service is constantly being developed, and its functionality is made available to Users on an "as is" basis (in the state as it exists).

  2. Exclusions and Limitations of Liability: To the maximum extent permitted by law, the Service Provider excludes its liability for damages incurred by the User as a result of:

    • improper use of the Service by the User or use of it in a manner inconsistent with these Terms;
    • the User providing false or incomplete data during registration or use of the services;
    • disruptions in the operation of the Service caused by force majeure, hardware or software failure beyond the Service Provider's control, hacker attacks, illegal actions of third parties, etc.;
    • loss by the User of data or content (e.g. deletion of newsletters) due to the User's own actions or external factors beyond the Service Provider's control (it is recommended that the User – if the data is important – maintain copies of important content on their own, e.g. in their personal email inbox);
    • the content of information originating from external newsletter publishers and any decisions or actions taken by the User on the basis of that content. The Service Provider is not the author or publisher of the newsletters displayed to the User, and therefore is not responsible for their substantive content, timeliness, or compliance with the law.

  3. Consumers: No provision of these Terms is intended to exclude or limit the Service Provider's liability to a User who is a Consumer to the extent that such liability arises from mandatory provisions of law. With respect to Consumers, the Service Provider is liable on the principles set out by law, including for non-performance or improper performance of obligations (service provision) – unless the non-performance or improper performance was due to circumstances for which the Service Provider is not responsible.

  4. Entrepreneurs: In relation to Users who are not Consumers (i.e. using the Service directly in connection with their business or professional activity), the Service Provider's liability for damages is limited – the Service Provider is not liable for lost profits or any indirect or consequential damages suffered by the User. The Service Provider's contractual liability in such a case is limited to the value of the fees actually paid by that User for the last paid subscription period (or for 12 months, in the case of a lifetime plan). These limitations do not apply to damages caused by willful misconduct.

  5. Uptime and SLA: The Service Provider uses all reasonable efforts to keep the Service available and functioning properly; however, it makes no warranty (unless otherwise stated in a separate agreement with the User) of achieving a specific service availability level (SLA). Nonetheless, the planned availability of the Service is 99% on a monthly basis. In the event of a serious failure on the Service Provider's side causing continuous lack of access to the services for an extended time (e.g. more than 24 hours), a User with an active paid subscription may contact the Service Provider – as compensation, the Service Provider may extend the subscription validity by additional time corresponding to the period of unavailability, or propose other proportional redress. This entitlement does not apply to outages not caused by the Service Provider or lying on the side of external service providers, although the Service Provider will always strive to work with such providers to restore Service operation as quickly as possible.

  6. Complaints: The User has the right to submit complaints regarding the functioning of the Service or the Service Provider's performance of services. A complaint should be sent in electronic form (e.g. by email to the Service Provider's contact address) or in writing to the Service Provider's mailing address. It is recommended that the complaint include information enabling identification of the User and the issue being reported (e.g. the email address associated with the Account, a description of the problem, the date of the incident).

    • The Service Provider will consider the complaint within 14 calendar days of its receipt. A response to the complaint will be provided to the User at the email address provided by them (or another indicated communication channel).
    • If the complaint needs supplementation (e.g. additional data or clarifications), the Service Provider may request the User to provide further information – in such a case, the time for considering the complaint runs from the date of delivery of the missing information.
    • In the case of Users who are Consumers, failure to respond to a complaint within 30 days of its receipt is deemed to be an acknowledgment of the complaint (in accordance with Article 7a(2) of the Consumer Rights Act).

  7. Third-Party Claims: The User agrees to indemnify and hold harmless the Service Provider against any claims of third parties arising from the User's violation of those parties' rights in connection with the User's use of the Service (e.g. claims of a copyright owner for material disseminated without permission by the User via the Service). This means in particular the obligation for the User to cover reasonable costs and damages that the Service Provider would have to incur as a result of such claims (unless the User is not at fault). The Service Provider agrees to promptly inform the User of any such claim and to cooperate in its resolution.

12. Termination of Agreement and Account Deletion

  1. Termination by the User: The User has the right to terminate the agreement with the Service Provider at any time by deleting the Account (Account deactivation) or by ceasing to use the services (for services that do not require an Account, e.g. unsubscribing from a newsletter constitutes termination of the service agreement for that newsletter). Account deletion can be done via the Account settings (the "delete account" option, if available) or by sending an appropriate request to the Service Provider (e.g. via email).

    • If the Account is deleted during an ongoing paid subscription period, the User is not entitled to a refund of the fee paid for the unused period (the agreement is terminated with immediate effect at the User's initiative, which is treated as resignation from the service before the end of the Billing Period), unless otherwise provided by these Terms (e.g. utilization of the 30-day guarantee) or by mandatory provisions of law. It is therefore recommended that the User cancel the automatic renewal of the subscription and keep the Account active until the end of the paid period, and only then, before the period's end, delete the Account if they no longer intend to use the Service.
    • Deletion of the User's Account results in the permanent and irreversible deletion of all data associated with that Account (except for data that the Service Provider is legally obliged or entitled to retain for a longer period under law – e.g. data on transactions, issued invoices, complaint records – which will be retained in accordance with the Privacy Policy). After the Account is deleted, it will not be possible to recover any content (e.g. collected newsletters).

  2. Termination by the Service Provider: The Service Provider has the right to terminate the agreement with a User with immediate effect (to delete or block the Account) if:

    • the User grossly or persistently violates the provisions of these Terms (e.g. engages in activities listed as prohibited in section 6 above) or violates generally applicable laws in connection with using the Service;
    • the User, despite a warning from the Service Provider, fails to comply with the Service Provider's reasonable instructions regarding the use of the services (e.g. instructions aimed at ensuring the security or stability of the Service's operation);
    • the User is in arrears with payment for a subscription and does not settle the outstanding amount despite being given a reminder and an additional deadline;
    • the User's activity or content they have introduced pose a serious threat to the security or integrity of the Service, or violate the rights of third parties to an extent that could expose the Service Provider to legal liability.

    To the extent possible (unless clearly unnecessary due to the nature of the violation), before terminating the agreement the Service Provider will call on the User to cease the violations and provide an explanation, setting an appropriate deadline. After the ineffective expiry of that deadline, the Service Provider may block access to the Account or delete it. The User will be informed of the termination of the agreement by email to the address associated with the Account. In such a case, the User is not entitled to a refund of unused subscription fees (this constitutes termination of the agreement due to the User's fault).

  3. Suspension of Service Provision: Independently of the above, the Service Provider has the right to temporarily suspend the provision of services to a given User or to block access to certain Account functionalities if justified by security reasons (e.g. suspicion that the Account has been taken over by an unauthorized person, or an attack using the Account) or the need to clarify the legality of the User's actions. The Service Provider will – if possible – inform the User of the suspension, along with the reason. The suspension lasts only as long as necessary to remove the cause or to make a decision on permanent termination of the agreement. For a suspension lasting more than 24 hours, a User with a paid subscription is entitled to an appropriate extension of the subscription (unless the suspension was due to reasons attributable to the User).

  4. Discontinuation of the Service by the Service Provider: The Service Provider reserves the right to end the provision of services and shut down the LetterOnCloud Service in the future (e.g. due to a business decision to discontinue operations). The Service Provider will notify all active Users of the intention to terminate the Service with at least 30 days' notice – via an email message and a notice on the website.

    Active paid subscriptions that have a Billing Period extending beyond the Service closure date will be settled proportionally: the Service Provider will refund the unused portion of the fee (e.g. for unused full months of a subscription after the closure date). In the case of the lifetime plan – if the closure of the Service occurs before 5 years have passed since the User purchased lifetime access, the Service Provider will consider a partial refund of the lifetime fee at its own equitable discretion (taking into account the period of use by the User), unless the closure is due to reasons beyond the Service Provider's control (e.g. force majeure) that prevent refunds.

13. Changes to the Terms

  1. The Service Provider has the right to make changes to these Terms in the event of at least one of the following important reasons:

    • a change in the provisions of law governing the provision of services covered by these Terms or a change in the interpretation of those provisions as a result of court judgments, administrative decisions, etc., affecting the mutual rights and obligations of the parties;
    • the expansion or change of the Service's functionality, introduction of new services, or discontinuation of existing services – to the extent that this requires modification of the provisions of the Terms;
    • organizational or legal changes on the part of the Service Provider (e.g. change of contact details, change of legal form of business activity);
    • the necessity to correct errors, clerical mistakes or to clarify provisions of the Terms that are raising interpretative doubts among Users – provided that such changes do not impair Users' acquired rights or result in a deterioration of service quality.

  2. The Service Provider will inform registered Users about planned changes to the Terms with at least 14 days' advance notice before the changes take effect. Information about the change will be sent to the User's email address associated with the Account or provided by displaying an appropriate notice upon logging into the Account. Such information will indicate the effective date of the new Terms and the content (or summary) of the proposed changes.

  3. User's Right to Decline Changes: If the User does not accept the planned changes to the Terms, they have the right, before the changes' effective date, to terminate the agreement with the Service Provider with immediate effect, without incurring any fees on that account (i.e. to delete the Account or request its deletion). In the case of a User with an active paid subscription who does not accept the changes – if those changes affect the provision of paid services – the Service Provider will refund that User the unused portion of the subscription fee, proportionally to the period during which the service will no longer be provided due to the termination.

  4. Lack of Objection – Acceptance of Changes: If the User does not terminate the agreement before the effective date of the new Terms and continues to use the Service, it is deemed that they have accepted the changes to the Terms.

  5. The latest version of the Terms will always be available on the Service's website. The Service Provider recommends regularly checking for updates to the Terms.

14. Final Provisions

  1. Governing Law: The provision of services under these Terms is governed by Polish law. In matters not regulated by the Terms, the relevant provisions of Polish law shall apply, in particular the Civil Code, the Act on Provision of Services by Electronic Means, and – with respect to Consumers – the Consumer Rights Act and other peremptory consumer protection regulations.

  2. Disputes and Jurisdiction: Any disputes between the Service Provider and the User:

    • In the case of Users who are Consumers – will be resolved primarily in an amicable manner. The Consumer may use out-of-court dispute resolution methods, such as mediation or consumer arbitration at the Trade Inspection, as well as the European ODR (Online Dispute Resolution) platform available at https://ec.europa.eu/consumers/odr. If no agreement is reached, the competent court and applicable law will be determined based on general legal provisions (the locally competent court in accordance with the Polish Code of Civil Procedure, taking into account the protection of the Consumer under the law of the country of their habitual residence, if applicable). The Service Provider informs that it has not committed to use any specific permanent consumer arbitration court, unless this results from mandatory provisions of law.
    • In the case of Users who are not Consumers – any disputes arising from the legal relationship with the Service Provider shall be submitted to the common court with territorial jurisdiction over the Service Provider's registered office (Poland).

  3. Severability: If any provision of the Terms is found to be invalid, ineffective, or unenforceable (e.g. is finally judged to be contrary to law), this shall not affect the validity and effectiveness of the remaining provisions of the Terms. In place of the invalid provision, the relevant provisions of law shall apply, and the parties may, in good faith, negotiate the replacement of such a provision with a valid provision that best reflects the original intent of the parties consistent with the law.

  4. Contact with the Service Provider: The User may contact the Service Provider in all matters related to the services provided in the Service, in particular:

    • by electronic mail to the email address: support@letteroncloud.com (or another current address indicated on the Service);
    • by writing to the correspondence address: Marcin Frątczak Framar, ul. Rybnicka 13/30, 40-038 Katowice, Poland;
    • or via the contact form available on the Service (if provided).

  5. Privacy Policy and Attachments: An integral part of these Terms is the Privacy Policy which sets forth the rules for processing Users' personal data. In addition, if the Service Provider provides separate regulations for specific additional services or promotions (e.g. referral program terms, contest rules, etc.), those regulations will apply to the User insofar as the User decides to use the given services/promotions. In the event of a conflict between the provisions of such additional regulations and these Terms, the specific provisions shall take precedence (unless stated otherwise).

  6. Entry into Force of the Terms: These Terms and Conditions come into effect on (date) and apply to agreements concluded from that day. For Users who registered an Account before that date, these Terms in the above wording become binding after 14 days from sending them information about the change (unless they terminate the agreement in that time, in accordance with section 13).