General Terms and Conditions of the SmartMailer Service
Article I — Contracting Parties
Provider: Dominik Ulrich (operator of the SmartMailer service), Company ID No. 74729381, VAT ID No. CZ9005173595, with registered office at K Blahobytu 1699, 530 02 Pardubice, a natural person conducting business registered in the Trade Licensing Register (Municipal Authority of Pardubice — Trade Licensing Office), e-mail info@smartmailer.cz (the „Provider“).
User: an entrepreneur (a natural or legal person) who creates an account in the SmartMailer service and agrees to these Terms and Conditions. The User declares that the service is used exclusively in connection with the User's business or similar activity; this is not a consumer contract. The relationship is governed by Act No. 89/2012 Coll., the Civil Code of the Czech Republic.
Article II — Subject Matter of the Agreement
The subject matter is the provision of the online service SmartMailer (the „Service“ or the „Application“) available at www.smartmailer.cz — a web application for managing e-mail campaigns, managing a contact database and sending e-mail messages to recipients designated by the User, including the display of campaign statistics. The Provider grants the User a non-exclusive, territorially unlimited licence to use the Application, limited in time to the term of the agreement. The scope of functions may develop over time.
Article III — Conclusion of the Agreement and User Account
- Use of the Service is conditional on creating a user account at
www.smartmailer.cz(the „Registration“ button, completion and submission of the form, and account activation). After submitting the form, the User receives an activation request at the User's e-mail address; activation is completed by clicking the relevant link/button. - The agreement is concluded at the moment the user account is activated; at that moment these Terms and Conditions, including Annex No. 1 (Data Processing Agreement), become effective.
- The User is obliged to provide true data, keep it up to date and protect the User's login credentials. The User is responsible for all activity carried out under the User's account.
Article IV — Rights and Obligations of the Provider
- Make the Application and its functions available to the User within the agreed scope.
- Provide e-mail support within a reasonable time (usually within 3 business days).
- Make reasonable efforts to ensure the availability of the Service; the Provider is not liable for outages caused by third parties (hosting, connectivity, delivery infrastructure) or for errors arising on the User's side.
- The Provider is entitled to develop and change the Service and to reasonably restrict it during maintenance.
- The Provider is not responsible for the successful delivery of sent e-mail messages or for their content created by the User.
Article V — Rights and Obligations of the User
- Use the Service in accordance with legal regulations and not misuse it for unlawful activity.
- Ensure an appropriate legal basis for the processed personal data of recipients (especially under the GDPR and Act No. 480/2004 Coll., on certain information society services) — typically the recipient's consent to receiving commercial communications, or an exception for the User's own customers — and properly inform recipients.
- Not send unsolicited commercial communications (spam), malware or any content that conflicts with legal regulations, good morals or is harassing in nature. The User is strongly advised to use verified (double opt-in) contact collection and to offer a functional unsubscribe option in every message.
- Not use the Service for selected types of content. For business reasons, the Provider does not provide the Service for creating and sending commercial communications whose content, the User's business activity or the promoted goods or services relate in particular to:
- narcotic, psychotropic and addictive substances and other drugs, as well as aids for their use;
- alcoholic beverages;
- tobacco and nicotine products, electronic cigarettes, refills and related goods;
- gambling, betting, casinos, roulette, lotteries and similar games for money;
- and other content of a similar nature at the Provider's discretion.
- Not interfere with the operation of the Service and not attempt unauthorised access.
- Pay the price of the Service under Article VI and act so that no harm arises to the Provider or third parties in connection with the use of the Application.
Article VI — Price and Payment Terms
- Trial period: after account activation, a 30-day trial period begins during which the Service can be used free of charge and in full. The only limit is 50,000 e-mails sent in total or 10 real campaigns sent (whichever occurs first). The limit is removed by switching to a paid plan.
- Subscription: after the end of the trial period, the Provider sends the User an invoice for payment of the Service for a period of 1 year. The price is governed by the price list published at
www.smartmailer.czand depends on the total number of contacts in the database of the user account. - Automatic renewal: after the end of the prepaid period, the User is automatically sent an invoice for another annual period. The agreement can be terminated before renewal under Article X.
- Payment can be made by cashless bank transfer to the Provider's bank account; payment details are stated in the invoice. Invoices are due within 14 days from the date of issue.
- If an invoice is not paid by its due date, the Provider is entitled to cancel the user account and irreversibly remove all data uploaded by the User.
- Paid subscription fees are non-refundable, including in the event of early termination or non-use of the Service. The Provider may change the price list; the change does not affect an already paid period.
Article VII — Personal Data Protection
When providing the Service, the Provider processes personal data of recipients (contacts) uploaded by the User. In this relationship, the User acts as the controller and the Provider acts as the processor; rights and obligations are governed by Annex No. 1 — Data Processing Agreement, which forms an integral part of these Terms and Conditions and which the User accepts together with them. The processing of personal data of visitors to the smartmailer.cz website (cookies, analytics, contact form) is governed by the separate Privacy and Cookies Policy.
Article VIII — Availability, Liability and Backups
The Provider does not guarantee uninterrupted availability of the Service. The Provider is not liable for indirect damage or loss of profit; the Provider's liability is limited to the extent permitted by law, at most up to the amount of the price paid by the User for the last prepaid period. Data is backed up to a reasonable extent (backups are usually kept for no more than 14 days); the User is advised to keep the User's own records and backups of contacts as well.
Article IX — Intellectual Property Rights
The licence to use the Application or any part of it is non-exclusive, territorially unlimited and limited in time to the term of the agreement. The User may not sell, rent, license, assign or make the Application available to third parties. This does not affect the User's right to use outputs from the Application for the User's own internal needs, for the User's customers or business partners.
Article X — Term and Termination
The agreement is concluded for the prepaid (or trial) period and is automatically renewed for another identical period unless either party terminates it no later than 4 weeks before the end of the current period. The relationship can also be terminated by cancelling the account. In the event of a material breach of the terms (especially sending unsolicited communications or sending content excluded under Article V), the Provider may immediately terminate access and withdraw from the agreement without the User being entitled to a refund of the paid price (even proportionally). After account cancellation, data is handled in accordance with Annex No. 1; before deletion, the User may request an export of the data.
Article XI — Delivery of Notices
All written communication between the parties takes place electronically to the e-mail addresses communicated by the parties when concluding the agreement; the parties recognise the authenticity of messages sent in this way. A message is deemed delivered on the day it was successfully sent to the relevant address.
Article XII — Final Provisions
- The relationship is governed by the laws of the Czech Republic. The general courts of the Czech Republic having jurisdiction according to the Provider's registered office are competent to resolve disputes.
- If any provision of these Terms and Conditions becomes invalid or unenforceable, this does not affect the validity of the remaining provisions.
- The Provider reserves the right to reasonably amend the Terms and Conditions unilaterally and to inform the User of material changes in due time (usually by notice on the website or by e-mail). By continuing to use the Service after the changes become effective, the User agrees to the changes.
- By ordering the Service, the User confirms that the User has become acquainted with these Terms and Conditions (including Annex No. 1) and agrees to them without reservation.
- These Terms and Conditions become valid and effective on 9 June 2026.
Annex No. 1 — Data Processing Agreement (GDPR)
Introductory Provisions
This Data Processing Agreement (the „Agreement“) governs the processing of personal data under Article 28 of the GDPR between:
- the Controller — the User of the SmartMailer service, who uploads a contact database to the Application and sends e-mail messages to those contacts (identified by the User's user account);
- the Processor — Dominik Ulrich, Company ID No. 74729381, VAT ID No. CZ9005173595, with registered office at K Blahobytu 1699, 530 02 Pardubice, operator of the SmartMailer service available at
www.smartmailer.cz(the „Application“).
The Controller enters into this Agreement with the Processor at the moment of activating the user account and accepting the Terms and Conditions, of which this Agreement forms an integral annex.
1. Subject Matter and Purpose of Processing
The Processor processes personal data exclusively for the Controller and exclusively for the purpose of providing the service of sending e-mail campaigns and managing a contact database through the Application. The Processor does not process the data for its own purposes.
2. Nature and Duration of Processing
- Nature: collection, storage, organisation, sending messages to designated recipients, evaluation of deliverability and interactions, and display of statistics to the Controller.
- Duration: for the duration of the licence / use of the Service. After its termination, the procedure under Article 8 applies.
3. Categories of Data Subjects
Recipients (contacts / subscribers) in the Controller's database that the Controller has uploaded or entered into the Application.
4. Categories of Personal Data
Data is processed to the extent entered into the Application by the Controller, in particular:
- recipient's e-mail address;
- identification and contact data uploaded by the Controller (for example first name, surname, salutation, company name and other fields defined by the Controller);
- data on interaction with campaigns — delivery, opening, clicking, unsubscribing, time of the event, IP address and User-Agent during interaction, device data;
- technical metadata of messages and delivery status.
The scope of data is determined by the Controller through the content of the uploaded database. The Controller undertakes not to enter special categories of personal data under Article 9 of the GDPR into the Application unless the Controller has the appropriate legal basis and suitable measures; the Processor does not actively request such data.
5. Obligations of the Processor (Article 28(3) GDPR)
The Processor:
- a) processes personal data only on the basis of documented instructions from the Controller (which are this Agreement and the account and campaign settings), including matters of transfers to third countries — see Article 9;
- b) ensures that persons authorised to process personal data are bound by confidentiality;
- c) implements appropriate technical and organisational measures under Article 32 of the GDPR — see Article 6;
- d) engages other processors only under the conditions set out in Article 7;
- e) assists the Controller by appropriate measures in fulfilling data subject requests (Articles 12–23 GDPR), in particular through the functions of the Application (correction, deletion, contact export, unsubscribe);
- f) assists the Controller in ensuring compliance with obligations under Articles 32–36 GDPR (security, breach notification, impact assessment);
- g) deletes or returns personal data after the end of the provision of the service — see Article 8;
- h) provides the Controller with information necessary to demonstrate compliance and enables inspection — see Article 7.
The Processor shall inform the Controller without undue delay if the Processor believes that an instruction infringes the GDPR or other data protection regulations.
6. Technical and Organisational Measures (Article 32 GDPR)
- encrypted transfer via HTTPS;
- access control and password-protected login (passwords are stored as irreversible hashes);
- separation of data of individual Controllers and restriction of access only to authorised persons bound by confidentiality;
- regular backup and restoration, monitoring of availability and integrity;
- processing only within the infrastructure specified in Article 7.
7. Other Processors (Sub-processors)
The Controller grants the Processor a general authorisation to engage other processors, in particular providers of hosting and server infrastructure for the Application and providers of infrastructure for e-mail delivery — Amazon Web Services (region within the EU). This infrastructure is, according to the current setup, operated primarily within the EU/EEA; if a specific supplier or its support were to involve a transfer outside the EU/EEA, the Processor shall ensure appropriate safeguards under the GDPR, in particular standard contractual clauses. The current complete list of sub-processors will be provided by the Processor to the Controller upon request at info@smartmailer.cz. The Processor shall ensure that these entities are bound by the same data protection obligations. The Processor shall inform the Controller of intended changes to sub-processors and allow the Controller to object. Upon request, the Processor shall provide information necessary to demonstrate compliance and allow an audit no more than once per year, with reasonable prior notice and in a manner that does not disrupt operations or the protection of data of other Controllers.
8. Termination and Deletion
After the end of the provision of the service, the Processor shall, according to the Controller's choice and within 30 days, delete all personal data or return it to the Controller (for example by export) and delete existing copies, unless a legal obligation prevents further deletion.
9. Place of Processing and Transfers to Third Countries
Personal data is processed primarily within the European Union / EEA. If, in a specific case, a transfer outside the EU/EEA were to occur, the Processor shall ensure appropriate safeguards under the GDPR, in particular standard contractual clauses under Article 46 GDPR.
10. Liability and Final Provisions
- The Agreement is governed by the laws of the Czech Republic and the GDPR.
- In matters not regulated by the Agreement, the Terms and Conditions of the SmartMailer service apply.
- The Agreement becomes effective at the moment the account is activated and the Terms and Conditions are accepted, and lasts for the duration of the processing of personal data by the Processor.
- Version 1.0, effective from 9 June 2026.