Terms of Service

Last updated: 05/11/2026

1. Scope

These General Terms and Conditions (GTC) apply to the use of the email marketing platform "Einfach-News" (hereinafter "Platform" or "Service"), provided by:

Andre Lommel
Heidenkampsweg 58
20097 Hamburg
Germany
Email: info@einfach-news.de

The GTC apply to all contracts for the use of the Platform between the operator and the customer (hereinafter "User" or "You").

2. Subject Matter of the Contract

Einfach-News is a self-hosted email marketing platform that enables registered users to:

  • Create and manage recipient lists
  • Create and send newsletter campaigns
  • Create and manage email templates
  • View delivery statistics (open rates, click rates)
  • Configure and manage multiple SMTP providers
  • Manage teams and invite members

3. Contract Conclusion and Registration

3.1 Registration

Use of the Platform requires registration. During registration, truthful and complete information must be provided. The user is obligated to keep their registration data up to date.

3.2 Contract Conclusion

Upon successful registration, a usage contract is concluded between the user and the operator. The contract has an indefinite term and can be terminated by either party at any time.

3.3 Access Data

The user is obligated to keep their access data (username and password) secret and protect it from access by third parties. The operator must be informed immediately in case of suspected misuse.

4. Terms of Use

4.1 Permitted Use

The Platform may only be used for lawful purposes. The user undertakes in particular:

  • To only contact recipients who have expressly consented to receiving emails (opt-in)
  • To use the provided double opt-in procedure
  • To provide a simple unsubscribe option in every email
  • To comply with legal data protection requirements (in particular GDPR)
  • Not to send spam emails
  • Not to send illegal, harassing, defamatory or otherwise unlawful content
  • Not to overload the technical capacities of the Platform

4.2 Prohibited Use

The following uses are prohibited:

  • Sending emails to recipients without express consent
  • Sending spam, phishing emails or malware
  • Sending content that violates applicable law
  • Using the Platform for fraudulent purposes
  • Attempts to gain unauthorized access to the operator's systems
  • Reverse engineering or decompiling the software

4.3 Responsibility for Content

The user is solely responsible for the content sent via the Platform. The operator does not review the content and assumes no liability for sent emails.

5. Data Protection and Responsibility

5.1 Data Processing

In the relationship between the user and the newsletter recipients, the user is the controller within the meaning of the GDPR. The operator acts as a processor in accordance with Art. 28 GDPR.

5.2 User Obligations

The user is obligated to:

  • Provide their own privacy policy
  • Properly obtain and document consent from recipients
  • Process requests for information and deletion from their recipients
  • Comply with GDPR requirements

5.3 Privacy Policy

For the processing of personal data by the operator, the Privacy Policy applies.

6. Availability and Maintenance

6.1 Availability

The operator strives for high availability of the Platform but cannot guarantee it. In particular, maintenance work, technical disruptions or force majeure can lead to temporary outages.

6.2 Maintenance Work

The operator is entitled to temporarily take the Platform out of service for maintenance work. Planned maintenance work will be announced in advance whenever possible.

7. Compensation and Payment Terms

Use of the Platform may be free or paid, depending on the selected plan. If costs are incurred, they will be transparently displayed before contract conclusion. Price changes will be announced in advance.

8. Termination

8.1 Ordinary Termination

Both parties can terminate the contract at any time without observing a notice period. Termination can be made via account settings or by email to info@einfach-news.de.

8.2 Extraordinary Termination

The operator is entitled to terminate the contract extraordinarily and block the account if:

  • The user violates these GTC
  • The user uses the Platform for unlawful purposes
  • The user sends spam or otherwise acts abusively
  • The user is in arrears with payment (for paid plans)

8.3 Data After Termination

After termination of the contract, all user data will be irreversibly deleted. The user should export all relevant data before termination.

9. Liability

9.1 Limitation of Liability

The operator is fully liable for intent and gross negligence. For simple negligence, the operator is only liable for breach of essential contractual obligations (cardinal obligations). In this case, liability is limited to foreseeable, contract-typical damage.

9.2 Data Loss

The operator is not liable for data loss if the damage could have been avoided by reasonable data backup by the user. The user is responsible for regular backups of their data.

9.3 Third-Party Providers

The operator assumes no liability for SMTP providers configured by users and their availability. The user is responsible for selecting and configuring their SMTP providers.

10. Changes to the GTC

The operator reserves the right to change these GTC at any time. Changes will be communicated to users in advance by email. If the user does not object within four weeks of notification, the changed GTC are deemed accepted. In case of objection, the operator is entitled to terminate the contract.

11. Final Provisions

11.1 Applicable Law

The law of the Federal Republic of Germany applies to all legal relationships between the operator and the user, excluding the UN Convention on Contracts for the International Sale of Goods.

11.2 Place of Jurisdiction

The place of jurisdiction for all disputes arising from this contractual relationship is Hamburg, provided the user is a merchant, a legal entity under public law or a special fund under public law.

11.3 Severability Clause

Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions remains unaffected.

11.4 Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr

We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.