Terms of Use

TERMS OF USE - LETTR.COM

Effective Date: June 4, 2026

Our web page represents a legal document that serves as Terms of use (“Terms”) and it governs the legal terms of our services provided through our website https://lettr.com/, sub-domains, and any associated web-based and mobile applications, as owned and operated by TOPOL.io, s.r.o., ID No. 10956123, VAT ID No. CZ10956123, with its registered office at Na příkopě 388/1, 110 00 Prague 1, Czech Republic, registered in the Commercial Registered maintained by the Municipal Court in Prague, file No. C 351306, represented by Jakub Stupka, executive director (“Lettr”, “Provider”, “we” or “us”).

By using the Lettr online emailing service, you are agreeing to be bound by these Terms and, if applicable, the Data Processing Agreement (DPA), which forms an Annex to these Terms. The most current version of these Terms can be reviewed by clicking on the Terms hypertext link located at the bottom of the website https://lettr.com/. If you do not agree to these Terms, you must instantly discontinue your use of the Service. These Terms define the terms and conditions under which you are allowed to use the Service, and how we will treat your Account while you are registered.

Especially you undertake that the use of the Service is provided to the end users only for commercial purpose and is not considered to be provided to the consumers. These Terms are not subject to the legal framework applicable to agreements with consumers. If you shall use the Service in a position of a consumer, please contact us on the email hello@lettr.com. We shall offer you separate terms of use that will ensure consumer’s protection under the Directive 2011/83/EU on consumer rights.

DEFINITIONS
1. The following terms shall have the meaning attributed to them under this section when capitalized:
  1. Account means the account you have signed up for the purpose to use the Service according to these Terms.
  2. Admin access means privileged access to the Service enabling registration and management of accounts, including an overview of the number of emails sent by individual Users.
  3. API key is a unique API key created by us, which is used to connect the Application with your information system. Typically, this is an oe-shop, CRM, or a regular website. Generally, it is an authorization token intended for communication through the Service to a given customer account.
  4. Application means an online emailing platform, available electronically on the website https://lettr.com/ , operated by Lettr and exclusively owned by it; We provide you with the Application, together with partial services, as a Service, so whenever we talk about rules relating to the Service, this also applies to the Application.
  5. Billing period means a one month period for which the Service is provided.
  6. Civil Code means Act No. 89/2012 Coll., Civil Code, as amended.
  7. Consumer means any natural person who deals with us outside the scope of their business activities or outside the scope of the independent exercise of their profession.
  8. Copyright Act means Act No. 121/2000 Coll., copyright act, as amended.
  9. Data subject means the natural person to whom the Personal Data relates will most often be a Subscriber, User or a potential User who is only considering using the Service.
  10. Database means a list or lists of personal data of User’s customers, especially email addresses.
  11. Dashboard means the user interface, which is made available to the User for the proper use of all features of the Service.
  12. Defects error means conditions preventing the proper provision and use of the Service.
  13. EEA means European Economic Area.
  14. AI credits means prepaid credits for which it will be possible to use the AI function.
  15. AI function is a functionality of the Service that the User may or may not use, it is a tool involving generative artificial intelligence, which is an assistant tool for the User in creating campaigns, emails, automatizations and other functionalities within the Dashboard.
  16. Email means an electronic mail, which may be a text, voice, audio or image message sent via a public electronic communications network, which may be stored on the network or in a terminal device until retrieved by the recipient.
  17. Email domain means the domain on whose behalf the User sends individual emails via the Service.
  18. Exportable data means data and digital assets uploaded or created by the User, in particular HTML email templates and last three months of Logs.
  19. Fee means a collective designation for the remuneration provided by the User for the provision of the Service (including partial services provided within the Service or in connection with it), all in the amount determined in accordance with the applicable Price List.
  20. GDPR means Regulation (EU) 2016/679 of the European Parliament and of the Council.
  21. Intellectual property means all current and future copyright, patents, utility models, industrial designs, trademarks, domain names, database rights and other intellectual property rights, whether or not capable of registration, whether or not registered, and applications of any of the foregoing and all intellectual property rights whether currently known or created in the future.
  22. Harmful code means any software, hardware or other technology including any virus, worm, malware or other malicious computer code, the purpose or effect of which is to (A) permit unauthorized access to, or to destroy, disrupt, disable, distort or otherwise harm or impede in any manner any computer, software, firmware, hardware, system or network or any application of function of any of the foregoing or the security, integrity, confidentiality or use of any data processed thereby, or (B) prevent the User from accessing or using the Software as intended by these Terms.
  23. Licensed content means all texts, sounds, images, photographs, videos, fonts or other materials, information or works (including copyrighted works) or other intangible assets that are provided or made available to the User by Lettr for use within the Service within the email template editor; for the avoidance of doubt, the Licensed Content does not include the Application as such and all its content elements that cannot be freely changed, used or modified within the Application, or such elements whose purpose implies that they are not intended for the User's disposal.
  24. Licensed software means a term for API Key, AI function text editor and email templates.
  25. Log means an information provided through the Service which consists of status of sent or intended to be sent emails such as “delivered”, “opened” and other.
  26. Necessary maintenance means regular maintenance necessary to maintain the features of the Service, which is carried out at the initiative of Lettr; it is not a response to any Defect and is a period of time during which the Service is wholly or partially unavailable;
  27. Personal information means any information about the data subject from which he or she can be identified, directly or indirectly.
  28. Price list states the amount of the Fee for the Service provided to the User, is part of these Terms and Conditions and is published on the Lettr website https://lettr.com/pricing/, or directly in the Dashboard.
  29. Provider’s content means all of the materials, work (including copyrighted work), content, data and information provided by us as part of the Service.
  30. Sensitive data means information about the data subject's national, racial or ethnic origin, political opinions, trade union membership, religion or philosophical beliefs, criminal convictions, health or sex life and genetic data of the data subject or any biometric data which allows the direct identification or authentication of the data subject.
  31. Service means all the functionalities of the Software offered through our application https://app.lettr.com/ (e.g. emailing service for emails and email editor).
  32. Software means an online emailing service and editor, a software developed by us and provided through our application https://app.lettr.com/.
  33. Recipient is the customer of the User or entity that is addressed by the Emails (transactional and commercial) within the User's communication strategy through the Application.
  34. Spam means any unsolicited communication sent via email to a recipient without its prior consent or to a recipient with whom it has never had any prior contractual relationship. Spam also includes any communication used to promote goods, services directly or indirectly, which is not clearly and conspicuously marked as a commercial communication, conceals or disguises the identity of the sender or is sent without a valid address to which the addressee could directly and effectively send information that he or she does not wish to continue to receive commercial information from the sender; relates to the sale or promotion of prescription drugs, the sale of alcohol and tobacco products, drugs, firearms, online gambling, paedophilia and similar medically recognised deviations and disorders.
  35. Tariff Band means the number of Emails sent, which determines the resulting amount of the Fee for using the Service within the Tariff Program; specific definitions and limits of Tariff Bands are listed in the Price List.
  36. Tariff Program means the method of using the Service, within which the scope of the Services provided depends on the scope of the Tariff Band. The price for each Tariff Band of the Tariff Program is listed for the Billing Period, which is one month, with the Tariff Program always being limited by the maximum number of Emails that can be sent within it (Tariff Band) and an Extra Fee is paid if the prepaid Tariff Program is exceeded.
  37. Team means a section of the Application in which Users are grouped together within a specific project (typically specific websites), Team is created automatically with each Account and can access it from different Accounts as Team members.
  38. User or you means any person using the Service according to the Terms, provided that he/she is not a consumer.
  39. User’s content means all the materials, work (including copyrighted work), content, data, and information (including your personal information or personal information of others) you make available to us in the course of using the Service or with your permission, such as texts, images, videos, fonts, etc., which may also include works of third parties.
USE POLICY
1. User Declaration. You represent and undertake that:
  1. you are fully capable of legal acts,
  2. all information you provide about yourself is true, complete, accurate and correct,
  3. you will not use the Service in violation of the applicable legal regulations of the Czech Republic,
  4. you will use the Service only for the purpose for which it is intended, in particular for editing Emails, mass distribution of Emails or SMS and evaluating campaigns,
  5. you have thoroughly read the applicable Terms and Conditions before starting to use the Service, you unconditionally agree to them and will not use the Service in violation of them.
2. Obligations of the Contracting Parties. Lettr provides the Service to the User under the conditions set out below. The User accepts the Service under the conditions set out below and undertakes to pay Lettr the Fee for its use in accordance with the Price List.
3. Domain Verification. You undertake to verify the domain that will be used for mass mailing of Emails, but in particular you are obliged to set up DNS records according to our instructions.
4. Purpose of the Service. You may use the Service to create customized transactional emails or commercial emails (newsletters) and their templates. You may also use the Service to send these emails through the Service. You may not use the Service for any other purpose without our prior written consent. You are obliged to use the Service only for legal purposes.
5. Technical requirements. You are obliged to secure the appropriate technical equipment that will allow you to use the features of the Service in accordance with these Terms. You are obliged to check whether your technical equipment meets the technical requirements of the Service before you start to use the Service.
6. User’s commitment in using the Service. Especially you undertake that you do not:
  1. use the Service in connection with unsolicited mass distribution of emails known as Spam;
  2. remove or alter our trademarks, or any trademark, copyright or other proprietary notices, symbols or labels in the Software;
  3. upload, provide or distribute any information that are inappropriate, profane, defamatory, obscene, indecent, unlawful or otherwise violating the legal rights of others, pornographic, abusive or otherwise offensive content or prostitution;
  4. use the Service in connection with or to promote any products, services, or materials that constitute, promote or are used primarily for the purpose of dealing in spyware, adware, or other malicious programs or code, counterfeit goods, stolen products and hazardous materials;
  5. contain, transmit or activate any Harmful code;
  6. use the Service to upload, make available any files that contain images, photographs, software or other material protected by intellectual property laws;
  7. damage, destroy, disrupt, disable, impair, interfere with or otherwise impede or harm in any manner the Software or our provision of Services to any third party (in whole or in part);
  8. violate any applicable laws or regulations.
7. Use of the Software. You may not:
  1. copy, rent, lease, sell, transfer, assign, sublicense, disassemble, reverse engineer or decompile, modify or alter any part of the Software;
  2. otherwise use the Software on behalf of any third party; or
  3. publish or otherwise disclose information relating to performance or quality of the Software to any third party.
8. Unauthorized use. We shall inform the User about such non-authorized uses. In the case that we become aware of the use of the Service in breach of the above provisions by the User, we reserve the right to immediately and definitively block access to and use of the Service and/or to close the Account in accordance with Article [15] of these Terms.
9. Liability for breach. If you breach any of the obligations set out in these Terms, in particular the Articles [2] and [3] of these Terms, you shall be liable to pay us for all costs and expenses incurred by us in connection with any third party claims against us as a result of such breach by you. This is without prejudice to our claim and the claim of third parties for damages (both damages and non-pecuniary damages) arising as a result of the breach referred to in the preceding sentence, which you agree to indemnify us and/or third parties.
10. Indemnification. If we incur damage or any other loss as a result of or in connection with complaints from your Recipients about your unlawful conduct or conduct in breach of these Terms (in particular, if it is Spam or failure to remove a Recipient from the Database), you agree to indemnify us for such damage, including non-pecuniary loss.
PROPRIETARY RIGHTS, INTELLECTUAL PROPERTY AND LICENSE
1. Intellectual property rights. All rights, title and interest in and to the Software and any other technology and software provided, including all Intellectual property and proprietary rights are and shall at all times remain the sole and exclusive property of Lettr and are protected by applicable intellectual property laws and treaties.
2. Terms of Use of the Service through Individual Software solutions. Nothing in these Terms may be construed as a transfer or grant of a license, sublicense or other right of use within the meaning of copyright law, in particular with respect to those parts of the Service that we provide as software as a service (SaaS) as a Service "as is", except for the provisions set out in Article 4 of these Terms. You are only entitled to use the Service provided as a software solution. However, you do not have the right to reproduce, download, install or distribute the software solution (Service) in any way. You also do not have the right to process the Service into other software equipment without our written consent.
3. Infringement of intellectual property rights by the User. Provided that you violate the obligations set out in this Article 3 of the Terms, we have the right to withdraw from the contractual relationship under these Terms and to demand compensation from you for all damages incurred as a result of such violation, including non-pecuniary damage.
4. AI Function. The Service also includes the AI Function. The basic text editor is part of the Licensed Software and the outputs from the AI Function are considered User Content, however, no license is granted to the code and data relating to the AI Function and its settings and is subject to similar terms and conditions as in paragraph 3.2.
5. Other intellectual property. If during the term of the contractual relationship under these Terms any performance is created that is protected under the Copyright Act (in particular a work) or as any other protected intangible asset, such performance becomes part of the Service and the Terms of Use of the Service shall also apply to such performance. This does not apply to User content.
6. User Obligations. When using the Service, the User is obliged to maintain all rights of Lettr, other Users and third parties, in particular if, when using the Service, he/she deals with copyrighted works and other objects of intellectual property rights in any way. This applies in particular to the Licensed Software and Content, the Application and its components, as well as the User's Content.
LICENSE AND OTHER ARRANGEMENTS
1. Licensed software and content as a work. An important part of providing the Service is the Licensed software and content, thanks to which you can edit your email templates, create your own contact form, connect your information system with the Application using an API key. However, Licensed software does not mean Application or Software, no license is provided for these parts. Licensed software and content are usually copyrighted works within the meaning of the Copyright Act. Because you make copies of most of the Licensed software and Content, we must grant you a license to use it for the duration of your use of our Service.
2. License to Licensed software and Licensed content. Licensed Software and Content are generally copyrighted works within the meaning of the Copyright Act. At the time of registration of your User Account, we grant you a license to exercise the right to use the Licensed software and content, in the form in which it is available at a given specific time. The license is granted as a non-exclusive, for the duration of the contractual relationship under these Terms (but no longer than the duration of the property rights to the Licensed software and content), exclusively for the purposes of using the Licensed software and content, in accordance with these Terms and in a manner appropriate to it. The license is granted for the entire world. The Licensed software and Content are made available to you via remote access (via the Dashboard) following the registration of your User Account.
3. Sublicense and assignment of license. The User is not authorized to grant a sublicense to third parties, nor to assign the license to a third party.
4. License fee. The license fee for the Licensed Software and Content is included in the Fee.
5. Outputs of the AI Function. All outputs from the AI function obtained legally within the scope of use in the Dashboard belong to the User as User Content. Lettr does not guarantee that the outputs will be protected by copyright or as intellectual property or that they do not infringe the rights of third parties. The User may use and modify the outputs from the AI Function at his/her discretion and with the understanding that the creation of a work of authorship is not guaranteed.
6. User’s Responsibility for User’s content. You are responsible for ensuring that all User’s Content, whether you upload directly to the Application or use, upload or otherwise process within the Service, complies with applicable law, the contractual relationship under these Terms, and in particular that it does not infringe upon the rights of Lettr or the rights of third parties. It is not a breach of these Terms if the Service is not provided properly because the User’s Content is in breach of Article 4 of these Terms.
7. Lettr’s Liability for User content. Lettr is not responsible for User content in principle nor for using content generated by the AI Function, in accordance with Sections 3, 4 and 5 of Act No. 480/2004 Coll., on Certain Information Society Services (Act on Certain Information Services).
8. Infringement of intellectual property rights by the User. In the event that you breach the obligations set out in this Article 4 of these Terms, we shall have the right to withdraw from the contractual relationship under these Terms at the moment of breach and the right to demand compensation from you for any damage incurred, including non-pecuniary damage.
ACCOUNT
1. Eligibility. In order to use the Service, you must be eligible. That means you are legally able to enter into contracts (at least 18 years old). We may refuse to provide the Service or close Account of any User, in the event of a change of User’s eligibility at any time.
2. Conclusion of the agreement. If you sign up for the Account and agree to these Terms, the agreement between you and us is formed. You acknowledge that the registration is a prerequisite for the use of the Service. This agreement will continue for as long as you have the Account (until terminated in accordance with these Terms). If you sign up for the Account on behalf of an entity, you represent and warrant that you have the authority to accept these Terms and enter into the agreement on its behalf.
3. Account Security. You are responsible for keeping your Account details (name and password) confidential. We are not responsible for any losses due to stolen or hacked passwords or otherwise exploited Account details. We do not have access to your current password, and for security reasons, we may only provide you with instructions on how to reset your password. You represent and warrant that all information you provide to us when you create the Account, and when you use the Service, is and will remain complete and accurate.
4. Two-factor authentication. Our Service also offers the option of two-factor authentication, which you can set up in the User interface. If you do not use the two-factor authentication, we will not be liable for any damages (including non-pecuniary damages) caused in connection with the leakage of your access data, even if caused in whole or in part by reasons attributable to us. However, if one of the Teams turns on mandatory two-factor authentication, all Team members should set it up.
5. Reporting obligation in case of misuse of access details. You are obliged to notify us immediately of any misuse or even attempted misuse of your access data. At the same time, you are obliged to choose new access data for your Account without any delay.
6. Deactivation of your Account. Your Account will be closed on your request at the end of your Monthly plan. No refunds shall be paid to the User and your Account will be closed if there is no other obstacle.
7. Inactive Account. You acknowledge and agree that if your Account is inactive for 24 months or more, we may terminate your Account and you will not be entitled to a refund for a prepaid month.
8. Data deletion. Once your Account is terminated, you acknowledge and agree that we may permanently delete your Account and all the data associated with it, including your User’s content.
9. Username uniqueness. Usernames are unique and can only be used once. If your Account has been terminated, the username will no longer be available for use on any future Accounts and cannot be reclaimed.
10. Team. With your Account, you can be a member of multiple Teams in different roles (see paragraph 5.12.), with these Teams having separate Databases and Emails, and each Team having separate billing, where it pays a Fee according to its own Tariff plan and Tariff band. Billing is tied to the Team.
11. Team member profiles. Within your Account, you have the option to add individual user profiles for other authorized users (Team members), through which your Account can be used simultaneously. You can also set their respective rights within the Account. The additional Team member, upon registering, agrees to use the Service subject to these Terms. You are responsible for all activity of each Team member and any other activity under your Account.
12. Access level of additional Team members. Within the Service, you also have the option to set the level of access for the additional Team members you invite. The individual levels differentiate the range of the Service features that a given additional Team member can access within an Account. The access levels of an additional Team members are as follows:
  1. Owner. Has access to all features that the User has access to.
  2. Administrator. Has access to all features that the User has access to except he cannot change billing details and information.
  3. Member. Has access to all features that the User has access to except he cannot invite other Team members, doesn’t have access to billing details and information and cannot make or edit API keys.
13. Liability for damage with respect to additional Team members. We will not be held liable for any damage that you incur as a result of or in connection with the setting of the access level for any additional Team member. Furthermore, we will not be held liable for any damage caused to you by any such additional Team member invited by you.
14. Liability for additional Team members. If additional team members causes damage to Lettr or a third party, the User under whose User Account this property damage or non-property damage was caused is fully liable for it.
15. Account monitoring. We have the right, through admin access to the Service, to monitor the Account and to suspend the provision of the Service if we discover a violation of these Terms or applicable law. We will notify you promptly, if applicable.
16. Using the AI Function from the perspective of GDPR. When using the AI Function, you ensure that you enter Personal Data in accordance with the GDPR, i.e. in particular in accordance with the principle of minimization and on the basis of the applicable legal title to the specific Personal Data.
REMUNERATION FOR THE SERVICE AND METHOD OF PAYMENT
1. Use of the Service for a Fee. The Service is provided for a fee. You undertake to pay us the Fee for the provision of the Service, in accordance with the rules set out in the Price List and these Terms. The Price List distinguishes between transactional Emails and commercial Emails, due to the different reasons for switching to a different Tariff Plan. An exception to the obligation to pay the Fee is the use of the Service for free according to the following paragraph.
2. Free use of the Service. If you use our Service within the free Tariff Program, you do not have to pay anything until you exceed the Tariff band, which is designated as free in the Price List. If the free Tariff band is exceeded, you do not have to worry that you will immediately pay something extra. As soon as this Tariff band is exceeded, we will temporarily block your User Account and inform you about the Tariff band being exceeded either by email, through your User Account or by phone.
3. Amount of payment of the Fee. The amount payment of the Fee vary depending on which Tariff Program you use. The amount of the Fee is set out in the valid Price List published on our website: https://lettr.com/pricing/.
4. Payment method. The only accepted payment method is through electronic payment instruments. You are obliged to follow the instructions and conditions of the operator of the payment service when making the relevant payment.
5. VAT. Unless otherwise stated in the Price List , all prices contained therein are stated excluding VAT, which is charged at the statutory rate to the stated price. The amount of VAT charged may therefore change depending on changes in legislation.
6. Price List Change. We may unilaterally change the Price List. Information about planned changes to the Price List will always be available on our website. Planned change to the Price List will be notified to the Users affected by such changes at least 15 days before they become effective, either by means of a notification in the User Account or by email. If you do not agree with the change to the Price List, you have the right to withdraw from the contractual relationship under these Terms.
7. Payment of the Fee. The User shall pay the Provider a lump-sum payment in the amount determined according to the Tariff Program selected by the User. The Fee is payable only monthly.
8. Payment Due Date for Tariff Programs. You are obliged to pay the fee for the provision of our Service in advance, for each Billing Period that has already begun (applies to all Tariff Bands for Tariff Programs):
  1. normal Billing Period starts every first day of a new month and lasts exactly one month;
  2. in cases when the start of provision of the Service doesn’t fall on the first day of a month, the Billing period will be shortened and will end on the last day of the respective month. The Fee in these cases will be altered accordingly to the days left in this shortened Billing period and will be lowered proportionately to the number of remaining days of the month.
9. Changes to Tariff Programs for transactional Emails. The User may change their Tariff Program in the middle of the Billing period but only to a higher Tariff Program. The User may not change their Tariff Program to a lower one (could be done as it is set in paragraph 6.11.). In these cases, the User will be surcharged the higher Fee of the Tariff Program and from that the already paid Fee for the Billing Period will be subtracted. Therefore the User will not pay more than the Fee set for the higher program for that particular Billing period.
10. Changes to Tariff programs for commercial Emails. If the number of contacts in Your Database exceeds the limit of the Tariff Band in which you are using our Service at the time the limit is exceeded, we will notify you of this fact either by e-mail, through your User Account. If, following this notification, you do not reduce the number of contacts in Your Database below the limit of the current Tariff Band, or do not transfer your User Account to a higher Tariff Program with corresponding Tariff band by the end of the month in which the Tariff Band limit was exceeded, we will do this for you, on the first day of the month following the month in which the Tariff Band limit was exceeded.
11. Change to the future period. The User is entitled to change the Tariff Program at any time to a lower or higher Tariff Program, with this change being effective from the next Billing Period, i.e. from the first day of the following month. There are no fees or rebilling associated with such a change, from the next Billing Period the User pays the price for the given Tariff Plan according to the Price List.
12. Exceeding the Tariff Band for transactional Emails. In cases when the User exceeds their Tariff Band according to their Tariff plan the User will be charged extra fees according to the Price List. This means that each Tariff Program has its own designated Tariff Band, which is included in it, and if it is exceeded, the Tariff Program does not automatically increase (the User can do this himself according to paragraph 6.9.), but these fees are charged additionally. This paragraph does not apply to commercial Emails, where when the Tariff band is exceeded, the User is assigned to another Tariff program.
13. Non-use of Tariff Band in Tariff Program. If the User does not use any Emails from the prepaid Tariff Program or uses only part of them, he/she is not entitled to a refund of any part of the Fee or an automatic reduction of the Tariff Program, this is a prepaid number of Emails that is forfeited if not used.
14. Rate limiting for transactional Emails. Each Team is limited by how many transactional Emails a Team can send per said amount of time according to their set Tariff Program, by default, the number of Emails that can be sent in one hour or other specified time period is limited. Each Tariff Program has its rate limiting set out in the Price list. It is not a malfunction of the Service if you want to send a larger number of Emails in a given time period, Lettr is not liable for any damage caused by the User needing to send more Emails in a given period than the Service limit. This paragraph does not apply to commercial Emails.
15. Payment Details and Information. When setting up a method of payment for the Fee, you are required to provide accurate, valid and complete billing and payment information. If any such information changes, you are required to update this information within your User Account.
16. The moment of payment of the Fee and provision of the Service. The Fee is considered paid after the funds in the agreed amount are credited to our bank account. We are not obliged to start providing the Service before the moment of payment of the Remuneration in full.
17. Delay of the User and temporary limitation of the provision of the Service. In the event of a delay in payment of the Fee, or any part thereof, i.e. in particular, but not exclusively, if for any reason the Fee is not automatically debited from your payment card for more than 5 days from the due date of the Fee, we are entitled to limit the provision of the Service to you according to these Terms and to resume it only after the payment of the outstanding Fee and, if applicable, the selection of a new or correction of the existing method of payment of the Fee.
18. Invoice overview. You will find the issued invoices for the Service in your Account, section “Billing”, subsection “Invoice history”, we do not send it automatically to your email address.
CREDITS FOR AI FUNCTION
1. Credit program. If you decide to use the Function EMA, you need to buy AI credits for the price set in the Price list. The use of AI credits is governed by the scope and complexity of the work with the AI Function, specific use can be found in the AI Function text editor. AI credits cannot be used for any other part of the Service such as sending Emails.
2. Automatic replenishment of AI credits. In the AI Function, you can set up automatic replenishment of AI credits so that if your number of AI credits falls below a specified limit, a predetermined number of AI credits will be automatically purchased or AI credits will be replenished to a certain limit set by the User. The replenishment will always take place at the price set by the Price list. By setting up automatic replenishment, you expressly agree that AI credits will be replenished and the relevant part of the Fee will be deducted from your payment card until you cancel this replenishment. You cannot request a refund for AI credits that were purchased within the framework of the automatic replenishment of AI credits set by you.
3. Purchase of AI credits. You can purchase AI credits either on our website or in the Dashboard. AI credits will be credited to your User Account in the amount corresponding to the Fee paid by you (the price of AI credits) only when we receive your payment in full.
4. Method of drawing AI credits. AI credits are deducted according to the evaluation of the AI Function over the complexity of the User's entered command and the complexity of providing the relevant output as User Content.
5. Overview of AI credits. An overview of how many purchased Credits you have already used and how many you still have left is available in your User Account.
6. Validity of AI credits. AI credits are valid for 12 months from purchase. Purchased AI credits cannot be exchanged for money.
RIGHTS AND OBLIGATIONS OF LETTR
1. Use of the User's Email Domain. We have the right to use your Email domain (@userdomain.cz) solely for the purpose of providing performance under these Terms, i.e. sending Emails. At the same time, we are entitled to check your websites (domain) automatically and, if necessary, subsequently with human control, to ensure that they comply with standards, are not fraudulent or otherwise violate legal regulations or our policies.
2. Logs. Lettr stores logs for 3 months from the moment the transactional Emails were sent.
3. Changes to the Service. We are authorized to make changes (updates) to the content and functions (adding and removing content/functions) of the Service at any time. This happens automatically and these Terms also apply to the updated Service. You do not have the right to refuse these changes, as the Service is provided “as is”. You will be informed about updates to the Service either via email, our website or through your User Account.
4. Disagreement with changes to the Service. If you do not agree with the change to the Service according to the previous paragraph, you are obliged to stop using the Service and withdraw from the contractual relationship according to these Terms.
5. Service outages and Lettr’s Liability. We are not responsible for any outages of the Service. However, we will use reasonable efforts to ensure that the Service is restored as soon as possible.
6. User Account Control. We have the right to control your User Account or randomly selected campaigns and suspend the provision of the Service through Admin access to the Application if we discover a violation of these Terms or applicable legal regulations; we will inform you immediately if necessary. We also carry out the control in terms of compliance with the requirements of mass mailing.
7. Procedure in case of failures not on Lettr's side. We reserve the right to limit or temporarily stop the provision of the Service in justified cases of technical failures on your side or in the Internet, of which we will inform you without undue delay. This applies in particular to Internet outages or circumstances that require the cooperation of third parties.
8. Temporary Loss of Access to User content. It is not a breach of these Terms if, as a result of a limitation or interruption of the Service, you temporarily lose access to User content that you have in the Application.
9. Access via API. We may provide you with access to your data, including Personal Data of your Customers, via the so-called API. In such a case, you are obliged to ensure that only authorized persons have access to the API. We are not liable for any loss of data or breach of Personal Data protection in the event of misuse of access to the API, including in the event that misuse of this data occurs after the data is made available via the API.
10. Ensuring the distribution of Emails. We are obliged to ensure the distribution of Emails through the Service. However, we are not responsible for their delivery to your Recipients. Likewise, we are not responsible for the delivery of a damaged or incomplete Email.
11. No AI training on data. Lettr declares that it does not use data entered by the User into the AI function for further training of internal generative artificial intelligence tools and uses a language model (LLM) in a mode that has data learning disabled.
12. User Database. It applies that you are the exclusive acquirer of your Database. For the purposes of providing performance under these Terms, you grant us your consent to exploit your Database, containing data in accordance with the provisions of Section 90, paragraph 2 of Act No. 121/2000 Coll. Copyright Act, as amended.
13. Use of User identification in references. You agree that we may use any marks, logos and trade names to identify you as our users/customers in addition to any marketing materials on the website and/or within the Service. For this purpose, you grant us a non-exclusive, worldwide license to use such marks, logos or trade names for the duration of the contractual relationship under these Terms. You may withdraw your consent at any time and withdraw from the granted license by sending an email to hello@lettr.com.
LIMITATION OF LETTR’S LIABILITY
1. Non-delivery or incomplete delivery of an email. It bears no liability for any damage or harm that you and/or Recipients incur in connection with the use of the Service, in particular with regard to non-delivery or incomplete delivery of an email.
2. Exclusion of Lettr's liability. We are not responsible for the completeness and accuracy of the data that you provide to us as part of your use of the Service. Furthermore, we are not responsible for any loss, corruption or destruction of such data. It is entirely up to you to ensure that you have sufficient backups of all data and systems before you provide them to us for processing in order to provide the Service so that no harm is caused to anyone.
3. Integration. We are not responsible for the features, functionality or integrity of any software that you choose to integrate or configure within your User Account to work with the Service. This responsibility lies with the suppliers of such additional software (such integrations), with whom you are required to enter into a separate agreement.
4. Exclusion of Lettr's liability for damage resulting from Necessary Maintenance. We are not liable for any financial losses you may incur due to the suspension of the Service due to its update or Necessary Maintenance. You expressly acknowledge this.
5. Limitations or disabling of the Service independent of Lettr's will. We are not responsible for disabling or limiting the use of the Service due to any circumstances of a technical nature that we are unable to influence or whose resolution requires the cooperation of third parties.
6. Links to Third Party Websites or Services. The Service may contain links to third party websites or services that we do not own or control. We have no control over the content, privacy policies, or practices of any third party websites or services. Accordingly, we are not responsible, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through such websites or services.
7. Limitation of liability for the AI Function. By using the AI Function, you acknowledge that it uses generative artificial intelligence models, and we cannot be held responsible for its outputs and therefore for the accurate communication and outputs of the AI Function. When using the AI Function, you are always transparently informed that you are communicating with artificial intelligence, which may make mistakes.
8. Use of the output from the AI Function. You are fully responsible for the use of the output from the AI Function. Lettr does not guarantee that the output from the AI Function does not infringe the rights of third parties, in particular in the area of intellectual property and personality rights. As a User, you are responsible for checking the outputs before using them. Lettr is not liable for any damage to third parties caused by the use of the output from the AI Function, but you are obliged to pay for it.
9. Limitation of liability for damages of the AI Function. The AI Function is a consulting AI that helps with the use of the Service (e.g. campaign creation, automation, segmentation, etc.), but it is not a marketing expert and does not provide binding information or advice. If you use a procedure suggested by the AI Function or its text that causes you harm, we as Lettr are not liable for it. This limitation applies to damage caused to you (e.g. as part of a marketing campaign), private law claims of third parties and public law sanctions that may arise from the inappropriate use of outputs from the AI Function or the implementation of the suggested procedure.
10. Limitation of damages. In the event that we are liable for damages or harm that may arise in connection with the provision of the Service, we are liable up to the amount of the Fee paid by you for the last 6 months. The limitation of damages also includes damage incurred after the termination of the contractual relationship under these Terms.
11. Limitation of Lettr’s liability in accordance with use of Service in violation to these Terms. We will not be liable for any losses or damages you suffer if you use the Service in violation of these Terms, regardless of whether we terminate or suspend your Account due to such violation
FORCE MAJEURE
1. Conditions for the application of force majeure. We are not liable for any breach of obligations under these Terms caused by force majeure, unless these Terms provide otherwise.
2. What is force majeure? Force majeure is any obstacle that occurs independently of our will and that prevents us from fulfilling our obligation, if it cannot be reasonably assumed that we would have averted or overcome this obstacle or its consequences, and further that we would have foreseen this obstacle at the time the obligation arose.
MAINTENANCE REQUIRED
1. Necessary Maintenance. It is not a breach of these Terms if the Service is not provided due to Necessary Maintenance. Necessary maintenance is usually notified in advance through the User Account.
2. Notification of necessary maintenance. You are obliged to tolerate a short-term outage of the Service consisting of its limitation or interruption, you will usually be informed of this by means of a notification in your User Account or by email at least 12 hours before its implementation. In such notification, we will indicate what type of maintenance it will be and the estimated start and end times of the work.
3. Updates. In addition to Necessary Maintenance, we will also perform free updates to the Application. The aim of these updates is to improve the provision of the Service and facilitate its operation in the User Account. Furthermore, we are also entitled to limit or suspend the provision of the Service for the period strictly necessary to perform the update. We will usually notify you of information about updates via your User Account or via your E-mail.
SERVICE DEFECTS
1. Right in the event of defects. If the Service is provided defectively or is not provided in accordance with these Terms, you have the right to file a complaint with us about a defect in the provision of the Service.
2. Deadline for filing a complaint. A complaint about defects must be filed in writing, no later than two (2) days from the moment you discover a deficiency in the Service, but no later than 24 hours from the time the Service is re-enabled, to the e-mail address hello@lettr.com. A complaint filed later will not be accepted and you will lose any right to compensation.
3. Complaint details. In your complaint, you are required to provide your identification, a detailed description of the reasons for the complaint and the time of their occurrence, or the time of re-activation of the Service.
4. Complaint resolution. We are obliged to resolve your complaint no later than thirty (30) days from its receipt. If the complaint is justified, you are entitled to compensation for the defectively provided Service. The complaint filed does not affect the maturity of the Fee.
RESTRICTION OR SUSPENSION OF SERVICE
1. Limitation or suspension of the Service. We reserve the right to limit or suspend the provision of the Service if we believe that you are in breach of these Terms and/or legal regulations. Such a decision will be sent to you no later than the moment when the limitation or suspension of the Service takes effect, either through your User Account or to your email (usually 15 days in advance). We do not have to provide a justification for the suspension or limitation of the Service, in particular if we are able to prove that you have repeatedly violated these Terms and/or legal regulations, which led to the termination of the provision of the Service.
2. Exceptions to Notice Obligation. You acknowledge that we are not required to notify you of a decision to limit or suspend the Service at least fifteen (15) days in advance, provided that:
  1. we are subject to a legal or regulatory obligation requiring us to cease providing the Services to a business User in a manner that does not allow us to meet the notice period;
  2. we exercise the right to terminate the provision of the Services for an urgent reason in accordance with applicable law; or
  3. we are able to prove that you have repeatedly violated these Terms and Conditions or legal regulations, which led to the termination of the provision of the Service.
3. Termination of the Service. We reserve the right to make the Service permanently unavailable at any time. In such a case, we are obliged to notify you of such decision, together with the justification, at least thirty (30) days before the termination decision takes effect. In such a case, we will send you the notification either through your User Account or to your E-mail.
DURATION AND POSSIBILITIES OF TERMINATION OF THE CONTRACTUAL RELATIONSHIP
1. Duration of the contractual relationship. This contractual relationship is concluded for an indefinite period of time, namely at the moment of your registration for the Service.
2. Termination by the User. You have the right to unilaterally terminate the contractual relationship under these Terms without giving any reason, by deactivating your User Account at your request. The contractual relationship under these Terms is deemed to have ended on the last day of the Billing Period in which the User Account was deactivated.
3. Termination from Lettr. We have the right to unilaterally terminate the contractual relationship under these Terms without giving any reason, either by written notice sent to your email address specified in your User Account or by deactivating your User Account. We will inform you of any deactivation of your User Account via your email address specified in your User Account no later than the day of its deactivation. The contractual relationship under these Terms is deemed to have ended on the last day of the Billing Period in which the notice was delivered to the User or in which the User's User Account was deactivated.
4. Fiction of termination of the contractual relationship. The contractual relationship under these Terms is deemed to be terminated after 2 years from your last login to the User Account. In such case, we are entitled to delete your User Account, including your Database.
5. Loss of ability to provide the Service. You agree that in the event that we lose the ability to provide the Service through no fault of our own, i.e. for example due to a change in legal regulations, the contractual relationship under these Terms shall be deemed to have terminated at that moment, which shall not be considered a breach of these Terms.
6. Material breach of the Terms or applicable legal regulations. We have the right to limit or not provide the Service and block your User Account, including User content, and immediately withdraw from the contractual relationship under these Terms as soon as we discover a material breach of these Terms or applicable legal regulations. A material breach according to the previous sentence is considered in particular to be:
  1. any action that is capable of jeopardizing the software necessary to provide the Service;
  2. such actions by which you attempt to circumvent the Price List;
  3. if you use Customer Personal Data for which you do not have a lawful basis;
  4. if you distribute communications that are marked as Spam by Recipients at a rate of over 0.05%;
  5. if you create a User Account that is offensive or otherwise contrary to the moral or ethical rules;
  6. if the domain through which you send Emails is linked to a website that has not passed the check in accordance with point 7.1.;
  7. if you act in violation of these Terms or applicable law;
  8. if you use the Service in a way that may harm us and/or even attempt to misuse, block, modify or otherwise alter any part of our Service;
  9. if you even attempt to obtain the login names and/or passwords of other Users of the Service;
  10. if you even attempt to use the Service or User Account to share or exchange data via Peer To Mail technology (e.g. peer2mail, OpenP2M, etc.);
  11. if you even attempt to use a Database during the provision of the Service to which you do not have the legal title to process the Personal Data of Customers.
7. Already paid Fee and material breach of the Terms. In the event of termination of the contractual relationship under these Terms due to a material breach pursuant to the previous paragraph, you are not entitled to a refund of the proportionate part of the Fee already paid for the use of the Service.
HOW TO PROCEED WHEN CHANGING THE PROVIDER (EU DATA ACT)?
1. Switching to another provider. You may notify us at any time that you wish to switch to another provider of similar services, move your Exportable Data to your on-premises infrastructure, or delete it. In all cases, our obligation is to provide you with your Exportable Data, cooperate on your exit strategy, and provide relevant information. During the transition, we will ensure the security of your Exportable Data during its transmission, storage, and disclosure.
2. Notice period and transition period. After the notification under paragraph 14.1, a notice period shall run, which shall begin on the date of receipt of the notification and shall expire on the last day of the month following the month in which you have made the notification under paragraph 14.1, i.e. such period shall not be longer than two months. This shall be followed by a transition period of 30 calendar days, during which we will provide you with reasonable assistance with the migration. You have the right to extend the transition period once.
3. Termination of the Agreement. In the event of termination pursuant to this clause, the Agreement shall be deemed to have terminated: (i) on the date on which we confirm the successful completion of the migration/export of the Exportable Data, or (ii) upon the expiration of the Transition Period. We will notify you of such termination by email.
4. Transfer of Exportable Data. We will transfer Exportable Data to you in machine-readable formats or via APIs. A detailed and up-to-date list of categories, technical formats and available APIs is described in our online data registry available on the website. You will also find a detailed explanation there of how to switch to another provider, in which formats Exported Data can be transferred and what the transfer restrictions are.
5. What data is not transferred. We do not transfer any data or information that is ours. In particular, data regarding the Application, User Interface, other software, internal models and methodologies, and licensed data from third parties.
6. Continuity of provision. During the notice period, we provide the Services under the Agreement. After its expiration, we ensure continuity of provision of the Services also during the transitional period, to the extent necessary to complete the migration. This does not affect our rights to suspend or limit the Service in cases specified in these Terms (e.g., payment delay) and the rights to Necessary Maintenance.
7. Data availability and deletion. After the end of the transition period, we will retain and make available the Exportable Data for an additional 30 calendar days. After that period, we will perform a complete deletion of all Exportable Data and digital assets created directly by or directly related to the customer, if the transfer has been successfully completed.
8. Fees. If you terminate the Agreement by January 12, 2027, we will require you to: a fee for changing the provider in the amount of our costs for this change. You can find out their amount in the Price List. After 12. 1. 2027, these fees will no longer be charged.
9. Discounts and early termination. If you have received a discount on a Fee conditional on a longer period (e.g. an annual plan) and you terminate the contract early in accordance with this article, you are obliged to pay the difference between (i) the price after the discount for the period used, and (ii) the standard price without the discount for the period used. The amount will be calculated according to the Price List. This difference will be deducted from you when returning the overpayment according to paragraph 14.10.
10. Overpayment. If the contract is terminated early in accordance with paragraph 14.1 and we record an overpayment of the Fee with you, we will refund this overpayment to you within 7 days of the termination of the contract in accordance with paragraph 14.3.
11. Transparency of international access. We store and process exportable data in the EU or EEA. We publish a current list of countries and involved subcontractors in our online data register. If there is a request for access to data from authorities outside the EEA, we will assess its legality and inform the customer of the provision, if legally permitted. We only share data to the extent necessary and ensure its protection with appropriate technical and legal measures.
SECURITY AND PRIVACY
1. Data processing. Your privacy is important to us. We employ security measures in accordance with applicable and routine practice. Please read our Privacy Policy for information regarding how we collect, use, and disclose your User’s content and personal information and protect your privacy when you use the Service.
2. Data Processing Agreement. User may entrust us with the personal data of its customers or other persons. Details of our obligations as a processor can be found in the Data Processing Agreement (DPA), which is attached as Annex 1 and forms an integral part of these Terms.
3. User’s content confidentiality. You shall employ all physical, administrative and technical controls and security procedures and other safeguards necessary to maintain the confidentiality of your User’s content while using the Service. You acknowledge that you bear sole responsibility for adequate security, protection and backup of your User’s content and other software. You agree to notify us promptly of any known unauthorized access or of any reasonably suspected breach of your User’s content. Please note that we will have no liability for any unauthorized access, use, destruction, loss or changing your User’s content when you use the Service.
4. Non-confidential use. User agrees that we may use material, statistics, and information that is not deemed confidential to our business for use in press releases, customer testimonials, and as a reference or to develop new features and services.
CUSTOMER SUPPORT
1. Support provision. For purposes of these Terms, “support” means email guidance provided by us pertaining to the installation, assisted integration or usage of the Software.
2. Error reporting. We provide support to the User only if he/she has reported valid errors or other discrepancies. You understand that we are able to provide support only if the error or other discrepancy is sufficiently described.
3. Support availability. The customer support is available on working days and maximal reaction time to a reported case is 48 hours.
4. Feedback and improvement. You undertake to notify us of all problems and ideas for improvement of the Service. You hereby assign to us all rights, titles and interests to such improvements and all property rights therein including without limitation all patent, copyright, trade secret, mask work, trademark, moral right or other intellectual property rights.
SERVICE LEVEL
1. User’s acknowledgments. You acknowledge that:
  1. the access to and use of the Service may be suspended for the duration of any unanticipated or unscheduled outage or unavailability of the Service for any reason, including as a result of power outages, system failures or other interruptions; and
  2. we shall be entitled, without any liability to you, to suspend access to the Service at any time for scheduled outage to permit us to conduct maintenance or make updates or modifications to any part of the Software; or in the event of a virus attack, other attack on the Software; or in the event that we determine that any part of Service is prohibited by law (“Service suspension”).
  3. we shall give you at least seven (7) days prior notice via email, our website and/or the User Account, of all scheduled outages of the Software.
2. Service suspension. We shall have no liability for any damages, liabilities, losses (including any loss of data or profits) or any other consequences the User may incur as a result of any Service suspension. We will do our best to provide you with a notice by email, in your Account and/or on our website of any Service suspension, but we have no liability for the manner in which notice may be done or if notice is failed to do so.
WARRANTY DISCLAIMER

Disclaimer. The Service is provided on an “as is” basis at the User’s own risk and without any warranty. This means that, except as expressly stated in these Terms, we do not provide warranties, conditions, or undertakings of any kind in relation to the Service, either express or implied. This includes, but is not limited to, warranties of merchantability, accuracy, results of use, reliability, and fitness for a particular purpose, which are, to the fullest extent permitted by law, excluded from these Terms.

CHANGES OF TERMS
1. Changes of Terms. We can change these Terms at any time. The proposed changes cannot be made before the notification period (which is reasonable and proportionate to the nature and extent of the proposed changes and their consequences for Users) has expired. This notification period will be at least 15 days from the date on which Lettr notifies Users by email or through the website https://lettr.com/ and/or in the User's Account section, of the proposed changes. We will extend the notification period to the reasonable extent if it is necessary to give you enough time to make technical or business adjustments to adapt to these changes.
2. Disagreement with the changes. You have the right to terminate the usage of the Service with us before the end of the notification period, in that case you are obliged to notify us at email hello@lettr.com. Such termination shall take effect within 15 days of your notification. No refunds shall be paid to the User.
VIOLATION OF THESE TERMS
1. Violation of these Terms by the User. It is not a breach of the Terms if the Service is not properly provided because the User has violated any provision of these Terms. In the event that the User breaches the obligations set out in these Terms, we shall be entitled, to immediately stop providing the Service to the User, deny access to the Software and withdraw from these Terms.
2. Justification of suspension. If we decide to restrict or suspend you provision of the Service, we will provide you with a justification for such decision through your registered email or the Account (e.g. for violation of these Terms, applicable law, or other agreements or guidelines which may be associated with your use of the Software) at the latest when the restriction or suspension takes effect. We may not provide justification for such restriction or suspension of the Service, particularly if we are able to demonstrate that there has been a repeated or material breach of these Terms or the applicable law by you, which has led to the termination of the Service.
3. Complaint procedure. In the event of a restriction, suspension or termination of the provision of the Service, we will allow you to clarify the facts and circumstances in the internal complaint procedure. If we withdraw this restriction, suspension or termination, we will without undue delay renew the Service and give you access to any personal and other data that arose as a result of before the restriction, suspension or termination coming into effect, you have used the Service.
4. Information disclosure. We may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Service. We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request. We also may disclose User’s information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
5. Communication preservation. You acknowledge and agree that we may preserve any communication between us, and may also disclose such data if required to do so by law or we determine that such preservation or disclosure is reasonably necessary to:
  1. comply with legal requirements;
  2. enforce these Terms;
  3. respond to claims that any such data violates the rights of others; or
  4. protect the rights, property or personal safety of Lettr, its employees, the Software users, and the public.
6. Content of Emails and prompting of AI function. You further agree that the content of Emails that you send through the Service will comply with applicable laws and these Terms and Conditions. Similarly, you agree not to use or cause the AI Function to generate content that is prohibited under this paragraph. In particular, you are obligated to ensure that your Emails or prompts to the AI Function:
  1. do not contain any parts that incite or lead to non-compliance with obligations imposed by law or on the basis of law or criminal offenses, or that approve of criminal offenses or publicly praise the perpetrators of criminal offenses;
  2. do not contain any parts that incite the abuse of addictive or life-threatening substances or support or encourage the abuse of such substances;
  3. do not contain any parts that threaten other persons or groups of persons with death, bodily harm, or damage;
  4. do not contain any parts that defame a nation, its language, an ethnic group or race, or a group of people for their political beliefs, religion, or because they are non-religious;
  5. do not contain any parts that incite hatred towards any nation, ethnic group, race, religion, class, or other group of persons, or the restriction of the rights and freedoms of its members;
  6. do not contain pornographic works, especially those depicting children or showing violence or disrespect for human beings;
  7. do not allow persons under the age of eighteen to access any pornographic works;
  8. did not contain false or misleading information about another person that could significantly undermine that person's reputation among fellow citizens, in particular by damaging their employment, disrupting their family relationships, or causing them other serious harm;
  9. do not support movements that demonstrably aim to suppress human rights and freedoms or promote national, racial, religious, or class hatred or hatred towards another group of people, or publicly express sympathy for such movements;
  10. the intellectual property rights (copyright, rights related to copyright, industrial rights, etc.) of other persons, in particular Lettr, have not been infringed;
  11. trademarks, trade names, and protected designations of origin to which a third party has exclusive rights, or any designation that could be confused with them, have not been used without authorization;
  12. promoting illegal products and services;
  13. promoting escort services;
  14. would be contrary to good morals in any other respect.
FINAL PROVISIONS
1. Governing law. These Terms, and any disputes arising from or relating to the interpretation thereof, shall be governed by and construed under the Czech law.
2. Jurisdiction. Any dispute or claim arising from or relating to these Terms and/or use of the Service shall be exclusively resolved by the Czech courts with a territorial jurisdiction based upon the registered office of the Provider.
3. Survival. The rights and obligations set out in Articles 2, 3, 8, 9, 18 and 20 and paragraphs 2.9., 2.10., 5.13., 6.13. and 13.7. shall survive the termination of the contractual relationship under these Terms.
4. Exclusion of the Vienna Convention. The Parties agree to expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods (the Vienna Convention) in accordance with Article 6 of the Vienna Convention.
5. Annexes. The Terms also include Annex 1 - Data Processing Agreement.
6. Validity and effectiveness. These Terms shall enter into force and effect on 4 June 2026.

DATA PROCESSING AGREEMENT

ANNEX 1 TO THE LETTR TERMS OF USE FOR THE SERVICE

(hereinafter referred to as “Processing Agreement”) concluded between:

You, who have decided to use the Lettr service;

(hereinafter referred to as “Controller” or “you”)

and

TOPOL.IO, s.r.o., ID No.: 10956123, with its registered office at Na příkopě 388/1, 110 00 Prague 1, represented by Ing. Jakub Stupka, executive director, registered in the Commercial Register maintained by the Municipal Court in Prague, ID No. C 351306,

(hereinafter referred to as “Processor”, “Lettr”, or “we”)

(Processor and Controller hereinafter jointly referred to as “Parties” and each individually as “Party”).

If you use the Lettr emailing service from Lettr (the "Service"), then Lettr will be the processor of the personal data you entrust to us. The Service is provided on the basis of the Terms of use (the "Terms"). By using the Service, you confirm that you have read and agree to the Processing Agreement and it is legally binding on you. This Processing Agreement applies to all users who access or use the Service.

Please read this Processing Agreement carefully, as it sets out the terms and conditions for processing personal data under which the Service is provided. If you have any questions regarding the processing of personal data, you may contact us at any time at hello@lettr.com.

The Parties process personal data in connection with the Terms in accordance with the law, in particular in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council (the "GDPR"). Under the GDPR, the Parties must set out the processing rules in writing, which they do by this Processing Agreement.

INTRODUCTION AND BRIEF OVERVIEW OF THE CONTENT OF THE PROCESSING AGREEMENT
1. Subject and purpose of the Processing Agreement. By entering into this Processing Agreement, you, as the Controller, authorize the Processor to process personal data for you in connection with the provision of the Service. The purpose is to ensure the protection of personal data to the extent required by law. The extent of the personal data to be processed can be found in Annex A of this Processing Agreement.
2. Lettr Service. The Service consists mainly in providing an e-mailing service intended for sending emails, as further defined in the Terms.
3. What the position of Processor and Controller means. When using the Service, you provide us with personal data of which you are the Controller, which we then process under your instructions and to the extent you choose. When processing personal data, you are in the position of a Data Controller pursuant to Article 4(7) GDPR and Lettr is in the position of a Processor pursuant to Article 4(8) GDPR.
4. Written form. Pursuant to Article 28 GDPR, the Parties regulate the processing rules in writing in this Processing Agreement.
5. Definitions. The definitions in the Terms shall have the same meaning in this Processing Agreement.
6. Duration. This Processing Agreement is concluded for the duration of the contractual relationship in accordance with the Terms.
7. Consent to the use of AI. The Controller agrees that the Processor may use artificial intelligence in the provision of the Services and is obliged to properly inform data subjects about this when collecting their personal data.
8. Time of conclusion and termination of the Processing Agreement. The Processing Agreement is concluded at the moment of completion of registration for the purpose of using the Service (conclusion of an agreement). Termination of the Processing Agreement is possible under the same conditions as termination of the use of the Service according to the Terms.
9. Effects of termination. Termination of this Processing Agreement shall also result in the termination of the contractual relationship in the areas covered by this Processing Agreement, unless the Parties agree otherwise. Termination of the Terms shall also terminate this Processing Agreement. However, the termination of this Processing Agreement does not affect the obligations of the Processor to transfer (return) personal data to the Controller or to dispose of it and to maintain the confidentiality of the information.
JOINT OBLIGATIONS OF THE CONTROLLER AND PROCESSOR
1. Legality of processing. The Controller and the Processor undertake to comply with the regulations governing the protection of personal data.
2. Cooperation. The Controller and the Processor undertake to assist each other to the extent necessary and reasonable in the performance of their obligations in the processing of personal data arising from their contracts and legal provisions, in particular in connection with responses to the exercise of the rights of data subjects, security incidents, as well as the preparation of impact assessments and dealings with supervisory authorities. The Parties undertake to provide the necessary documentation for the processing of requests relating to the processing of personal data pursuant to the Terms . The Party shall provide such documentation without undue delay and at the latest within 10 working days of receipt of the request for assistance by the other Party.
3. Incident. A Party shall notify the other Party that it has become aware of a security breach within 48 hours of becoming aware of the breach. Breach shall be understood as any breach of security of personal data that may potentially lead to the accidental or unlawful destruction, alteration or unauthorized disclosure or access to personal data processed under the Terms.
RIGHTS AND OBLIGATIONS OF THE PROCESSOR
1. Restriction of access. The Processor shall ensure that access to personal data is limited to (a) employees who process personal data as part of their job description, and (b) persons who cooperate with the Processor and may process personal data for the Processor as part of that cooperation, in accordance with the terms of this Processing Agreement and for the purpose of providing the Services under the Terms. Unless such persons are subject to a legal obligation of confidentiality, the Processor shall ensure their contractual confidentiality.
2. Commitment of the Processor regarding the measures taken. The Processor has adopted and undertakes to maintain throughout the duration of this Processing Agreement appropriate technical and organizational measures in accordance with the GDPR rules applicable to the Processor. An overview of the measures taken can be found in Annex B of this Processing Agreement.
3. Obligations of the Processor. The Processor undertakes to:
  1. when processing personal data, comply with all obligations arising for the processor of personal data from the relevant legislation;
  2. process personal data solely on the basis of the instructions of the Controller made pursuant to this Processing Agreement, including with respect to the transfer of personal data to a third country or an international organization;
  3. notify the Controller without undue delay where an inspection or other administrative proceeding is initiated by the personal data protection authority or any other administrative authority in relation to the processing of personal data by the Processor and provide the Controller with all information about the progress and results of such inspection or the progress and results of such proceeding;
  4. assist the Controller in ensuring compliance with the Controller's obligations relating to the security of personal data under Articles 32 to 36 of the GDPR, taking into account the nature of the processing to be carried out by the Processor;
  5. to allow the Controller to conduct internal audits, including inspections, by the Controller or any other auditor appointed by the Controller, provided that the Controller is notified of such audits one month prior to their conduct; the Processor may object to any auditor appointed by the Controller if the auditor is not independent of, in competition with, or similarly situated to the Processor. Upon objection by the Processor, the Controller shall be obliged to appoint another auditor;
  6. notify the Controller of any personal data breach of which it becomes aware without undue delay, and no later than 48 hours after becoming aware of the breach. The minimum scope of such notification is set out in Article 33(3) of the GDPR;
  7. keep a record of any personal data breaches and the corrective measures taken to ensure an adequate level of security of processing. The Processor shall provide the Controller with all necessary cooperation related to the investigation of the breach and the fulfillment of the Controller's obligations under Articles 33 to 34 of the GDPR;
  8. assist the Controller in documenting processes or documents that demonstrate the Controller's compliance with the GDPR.
4. Reimbursement of costs. The Parties agree that the Processor shall be entitled to reimbursement from the Controller for reasonable costs associated with providing assistance.
5. Confidentiality of the Processor. The Processor undertakes to observe the obligation of confidentiality of all personal data transmitted by the Controller, and shall keep it secret, not disclose it, not make it available to a third party, neither as a whole nor in part, unless it is to be transmitted on the basis of an instruction from the Controller, or if required by law.
6. Trade secret. All information and documents disclosed by the Processor to the Controller in connection with an audit or inspection shall form part of the Processor's trade secrets and, unless otherwise specified, shall be subject to the confidentiality requirements of this Processing Agreement. Such information and documents may only be disclosed to an authorized supervisory authority.
7. Legality of processing. The obligations of the Processor regarding the protection of personal data shall be fulfilled by the Processor for the entire term of the contractual relationship under the Terms, unless the provisions of the Terms, this Processing Agreement or the relevant legislation imply that they should continue after the termination of the contractual relationship under the Terms.
8. Processors involved and involvement of a new processor. The Processor has also involved in the processing of personal data the processors listed in Annex C of this Processing Agreement. If the Processor is going to engage other processors, it will inform the Controller before such change via email or directly in the Application. If the Controller does not agree with the involvement of a new processor, it may object within 5 days of receiving the Processor's notification. Filing an objection and thus not involving the new (sub)processor may result in the impossibility of using the Service.
9. Programmers and other professionals of the Processor. The Controller expressly agrees to the involvement of other processors - programmers and other specialists (entrepreneurs) of the Processor, who provide services to the Processor on the basis of a cooperation agreement.
10. Processor's obligation in the event of termination of cooperation. The Processor undertakes that in the event of termination of the provision of Services, it will delete all Personal Data and return them at the request of the Controller, including all copies, unless EU or Czech law requires their storage. If the Controller is interested, the Processor will ensure that all commonly exported data is transferred to it, as a standard within 60 days of the termination of the Agreement, after which time the Processor will make the Controller's data inaccessible.
FINAL PROVISIONS
1. Governing law. For matters not specifically covered in this Processing Agreement, generally binding legal regulations shall apply. The Processing Agreement shall be governed by and interpreted in accordance with the laws of the Czech Republic, in particular Act No. 89/2012 Coll., the Civil Code, as amended. The Parties agree that commercial custom shall not prevail over any provisions of law, even those that are not coercive.
2. Force majeure. The Processor shall not be liable for situations in which it was unable to fulfill its obligation under the Processing Agreement due to an event referred to as force majeure (e.g. war, riots, terrorism, riots, strikes, fires, epidemics or natural disasters).
3. Communication of the Parties. The Parties agree that their communications regarding the Processing Agreement (including notification of a security incident) will be conducted via email addresses:
  1. Controller: the email address used by the Controller for registration for the Service;
  2. Processor: hello@lettr.com.
4. Prohibition of assignment. Neither Party may assign or transfer in any manner the rights and obligations under or related to this Processing Agreement without the prior written consent of the other Party.
5. Updates and changes. The Processor reserves the right to modify or update this Processing Agreement. If we make any changes that alter the rights and obligations under the Processing Agreement, you will be notified in a timely manner via an email that we will send to you or through your Account. If you continue to use the Service, you agree to the updated version of the Processing Agreement. If you do not agree to the changes, please stop using the Service.
6. Effectiveness. This Processing Agreement is effective as of the Terms.
7. Annexes. The following annexes are part of the Processing Agreement:

Annex A: The nature, extent, duration and purpose of the processing of personal data,
Annex B: Technical and organizational measures,
Annex C: List of subprocessors.

ANNEX A

TO THE PROCESSING AGREEMENT

THE NATURE, EXTENT, DURATION AND PURPOSE OF THE PROCESSING OF PERSONAL DATA

Nature of processing. Personal data is processed automatically through the Processor's systems used by the Processor to provide the Service.

Purpose. The purpose of the processing is to enable the Controller to use the Service (performance of an agreement).

Legal title of the processing. The legal basis for the processing of personal data as part of the provision of the Service is the performance of the agreement in accordance with the Terms).

Extent of the processing: Depending on how the Controller uses the Service, the following personal data may be processed in connection with the provision of the Service:

Name, surname, email, telephone number, address;
IP address, purchase history, customer’s activity on the User's website (web tracking, click rate, open rate, emails delivered, unsubscribed users, spam complaints, browser type, mailbox type);
Additional personal data, processed solely on the instructions of the Controller, which the Controller considers necessary for the fulfillment of the purpose of the Terms or other data attributable to the data subjects.

Special Categories of personal data. The Controller undertakes not to disclose to the Processor any personal data that falls within a special category of personal data within the meaning of Article 9 of the GDPR. Special categories of personal data may only be processed with the express prior agreement of the Processor. What are special categories of personal data? This is personal data that reveals a person's racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, health, or sex life or sexual orientation. Genetic and biometric data are also considered to be a special category of data when they are processed for the purpose of uniquely identifying a natural person.

Data Subject. Generally, this includes personal data of the Controller's customers or clients, the Controller's employees and other cooperating persons, including suppliers, users of the Controller's website, business partners or their employees or representatives.

Duration of the processing. Personal data are processed for the period specified in paragraph 3.10. of the Data Processing Agreement, unless otherwise agreed by the Parties.

ANNEX B

TO THE PROCESSING AGREEMENT

TECHNICAL AND ORGANIZATIONAL MEASURES

Technical measures. Security is very important to us and we are constantly working to ensure that your personal data is protected. When choosing appropriate measures, we take into account the extent of processing, the risk involved in the processing, or the state of our technology.

we regularly back up data;
we update our antivirus software systems;
we encrypt data using SSL/TLS („secure sockets layer / transport layer security“) for all data transmissions;
we use secure https protocol;
our server data is encrypted;
we develop our technology with privacy by design in mind;
access passwords to information systems (where personal data will be processed) and access permissions are controlled at the individual level.

Organizational measures. We have adopted and are committed to the following measures:

our employees and our service providers are bound by confidentiality;
our employees are properly trained and also receive further regular training on GDPR and are familiar with the rules of safe working on work equipment;
in case of API key retention, we remove authorization data;
access to all systems including the IT system is personalized and covered by secure passwords;
Passwords in the operational environment are stored in a separate location (safe store), where logs are logged, so that we can control employee access to individual Users' personal data.

ANNEX C

TO THE PROCESSING AGREEMENT

LIST OF SUBPROCESSORS

Processor	Address	ID nr.	Why do we have them?	Where do they store the data?	Transfer of data out of EU (art. 44 GDPR) and a reason to process	Processing of data	Framework US/EU
Amazon Web Services EMEA SARL, Czech Branch	Sokolovská 689/115, Karlín, 186 00 Praha 8, Amazon Web Services EMEA SARL, 1855 Lucemburk, 38, avenue John F. Kennedy, Luxembourg	CZ Reg. nr.: 09049266	Web service	EU and outside of EU (USA)	Data is stored in the EU, may be sent to the US under the US/EU Framework, and is not processed by Amazon for its own purposes.	DPA is a part of Service Terms	YES
Cloudflare, Inc.	101 Townsend St, San Francisco, CA 94107 USA	Reg. nr.: 4710875	Web service	EU and outside of EU (USA)	Data is stored in the EU, may be sent to the US under the US/EU Framework, and is not processed by Cloudflare for its own purposes.	DPA	YES
Intercom R&D Unlimited Company	Intercom R&D Unlimited Company, 18–21 St. Stephen’s Green, Dublin 2, Ireland; Intercom, Inc., 55 2nd Street, 4th Floor, San Francisco, CA 94105, USA	IRE Reg. nr.: 593593	Customer messaging platform and support chat on the website and in the app.	EU and outside of EU (USA).	Data submitted via chat and in‑app messaging may be transferred to the US; Intercom uses Standard Contractual Clauses and, where applicable, the EU‑US Data Privacy Framework, and does not process the data for its own independent purposes.	DPA	YES
Linear Orbit, Inc.	2261 Market St STE 10632 San Francisco, CA 94114	Regn nr.: 4523794	Project management and issue-tracking	EU	Data processed under the DPA is primarily stored and processed in the United States; Linear’s main processing operations take place in the US, personal data may be transferred outside the EEA/UK as necessary to provide the Services, such transfers rely on Standard Contractual Clauses, and sub-processors process the data only on Linear’s instructions and not for their own independent purposes.	DPA	NO
MessageBird B.V.	Trompenburgstraat 2C, (1079 TX) Amsterdam, Netherland	Reg. nr.: 51874474	CRM for emails	EU and outside of EU (USA)	Data is stored in the EU, may be sent to the US under the US/EU Framework, and is not processed by MessageBird for its own purposes.	DPA	YES
Stripe Payments Europe Ltd.	1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland	Reg. nr.: 513174	Payments	EU and outside of EU (USA)	Data is transferred to Stripe, Inc. and transfers rely on lawful mechanisms such as the EU-US Data Privacy Framework, Standard Contractual Clauses	DPA	YES
OpenAI Ireland Ltd.	1st Floor, The Liffey Trust Centre, 117-126 Sheriff Street Upper, Dublin 1, D01 YC43, Ireland	ID no. 737350	Generative AI ChatGPT	EU and outside of EU (USA)	Data is sent outside the EU based on the standard contractual clauses of Decision 2021/914 of June 4, 2021 and is not processed by OpenAI for its own purposes.	DPA	NO
Anthropic PBC	548 Market Street, PMB 90375 San Francisco CA 94104, USA	ID no. 86-169604	Generative AI (Claude Code)	EU and outside of EU (USA)	Data is sent outside the EU based on the standard contractual clauses of Decision 2021/914 of June 4, 2021 and is not processed by Anthropic for its own purposes.	DPA	NO