Fourteen sections. Plain summaries alongside each.

Plain English: Common terms used throughout this document — what each one means in our specific context.

"OS Domains," "we," "us," or "our" refers to OS Domains GmbH, an Austrian limited liability company. "Customer," "you," or "your" refers to the legal entity that has entered into a Service Order Form with OS Domains. "Services" means the email infrastructure products and add-ons described in the applicable Service Order Form, including without limitation the MTA cluster, SMTP relay, REST API, dedicated IP addresses, customer portal, deliverability tools, and any associated services. "Customer Data" means all data, content, and information submitted by Customer or its end users to the Services. "Personal Data" has the meaning given in the General Data Protection Regulation (Regulation (EU) 2016/679) and the Data Processing Agreement that supplements these Terms. "Effective Date" means the date Customer first accepted these Terms via clickthrough, Order Form signature, or use of the Services, whichever occurred first. "Order Form" means a written document referencing these Terms that specifies the Services purchased, fees, and any custom terms.

Plain English: What we agree to provide, the planned uptime, where we run it, and what stays our property.

OS Domains will provide the Services in accordance with the applicable Order Form and the Service Level Agreement set out in Section 5. We will operate the Services from data centers located within the European Economic Area unless Customer has explicitly opted into PoPs outside the EEA (specifically Dallas, United States and Panama City, Panama). We retain ownership of all infrastructure, software (including PowerMTA and KumoMTA licensed through us, the customer portal, and the REST API), documentation, and the OS Domains trademarks. Customer is granted a limited, non-exclusive, non-transferable, revocable license to use the Services during the Term solely for Customer's internal business purposes and for sending email to recipients with whom Customer has a lawful basis for communication.

Plain English: What you cannot send, what you cannot do, and what triggers immediate suspension.

Customer agrees not to use the Services to send: (a) unsolicited commercial email (spam) to recipients who have not consented under applicable law; (b) content that infringes third-party intellectual property rights; (c) content that is illegal, defamatory, fraudulent, or that promotes violence, hate speech, child sexual abuse material, or terrorism; (d) malware, phishing content, or content designed to deceive recipients about the sender's identity; (e) content related to the sale of regulated goods (pharmaceuticals, firearms, controlled substances) without appropriate licensing; (f) content marketing securities, cryptocurrencies, or financial instruments in jurisdictions where such marketing is restricted. Customer further agrees not to: (g) reverse-engineer the Services or attempt to derive source code; (h) use the Services to compete directly with OS Domains; (i) resell the Services without a separate written reseller agreement; (j) circumvent rate limits, suppression lists, or authentication mechanisms; (k) use the Services to test mail-server vulnerabilities owned by third parties without their consent. Violation of items (a) through (f) may result in immediate suspension without prior notice; violation of items (g) through (k) will result in a 72-hour notice to cure before suspension, except where Customer's actions create active harm to the Services or other customers.

Plain English: What you pay, when you pay it, what happens if you do not, and how taxes work.

Customer will pay the fees specified in the Order Form and any per-message overage at the rate of EUR 0.60 per additional 1,000 messages above the included monthly volume. Invoices are issued on the first business day of each calendar month for the prior month's usage and are due within 30 days of issuance. Late payments accrue interest at the lower of 1.5% per month or the maximum rate permitted by law. Fees are exclusive of all taxes, levies, and duties; Customer is responsible for any value-added tax (VAT), goods-and-services tax, or similar tax assessed on the fees, except for taxes on OS Domains' net income. EU customers with valid VAT identification numbers will be invoiced under the reverse-charge mechanism where applicable. Annual prepayment may be offered with a stated percentage discount; once accepted, annual prepayments are non-refundable except as specified in Section 11 (Termination). All fees are denominated in EUR unless an Order Form specifies USD or GBP.

Plain English: Our uptime promise, how much downtime is "allowed," and what you get when we miss it.

OS Domains commits to monthly uptime percentages of 99.9% on the Starter plan, 99.95% on the Standard plan, and 99.99% on the Performance and Enterprise plans, measured across the MTA cluster, SMTP relay endpoints, REST API, and customer portal. Uptime is calculated as the fraction of one-minute monitoring windows during which the relevant endpoint returned a successful response, excluding scheduled maintenance windows announced at least 14 days in advance. When the monthly uptime falls below the committed level, Customer is entitled to a service credit equal to 5% of the monthly fee for each 0.1% below the commitment, up to a maximum of 100% of the monthly fee for that month. Service credits are applied to the next invoice and have no cash value except where Enterprise contracts provide otherwise. The SLA does not cover (a) deliverability outcomes determined by recipient mailbox providers, (b) outages caused by Customer's misuse of the Services, (c) outages caused by force majeure events as defined in Section 13, or (d) outages limited to portions of the Services that Customer has explicitly opted out of (for example, PoPs outside Customer's selected region).

Plain English: How much you can recover from us if something goes wrong. The cap and what is uncapped.

To the maximum extent permitted by applicable law, OS Domains' aggregate liability arising out of or related to these Terms (whether in contract, tort, including negligence, or under any other theory of liability) shall not exceed the total fees paid by Customer to OS Domains in the twelve (12) months preceding the event giving rise to the claim. In no event shall OS Domains be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including without limitation lost profits, lost revenue, lost data, or business interruption, even if advised of the possibility of such damages. The foregoing limitations shall not apply to (a) OS Domains' indemnification obligations under Section 8, (b) OS Domains' breach of confidentiality obligations under Section 9, (c) OS Domains' gross negligence or willful misconduct, or (d) any liability that cannot be limited under applicable law. The aggregate cap applies notwithstanding the failure of essential purpose of any limited remedy.

Plain English: Who owns what. We own the platform. You own your data and content.

Customer retains all right, title, and interest in and to Customer Data, including all intellectual property rights therein. Customer hereby grants OS Domains a limited, worldwide, royalty-free license to access, store, process, transmit, display, and otherwise use Customer Data solely to the extent necessary to provide the Services. OS Domains will not use Customer Data for any purpose beyond providing the Services, including without limitation training machine-learning models, aggregating data into anonymized datasets for resale, or sharing data with third parties for advertising or analytics purposes (except where strictly required to operate the Services, such as IP routing or DNS resolution, in which cases data is limited to the minimum necessary). OS Domains retains all right, title, and interest in the Services, including all software, hardware, configurations, documentation, the OS Domains and OSDomains trademarks, and any improvements, modifications, or derivative works. Feedback provided by Customer regarding the Services may be used by OS Domains without restriction or compensation to Customer, provided that such use does not identify Customer.

Plain English: When you defend us, when we defend you. The procedure and the exceptions.

OS Domains will defend Customer from any third-party claim alleging that the Services, as provided by OS Domains and used in accordance with these Terms, infringe a third party's patent, copyright, or trademark, and will indemnify Customer for any damages finally awarded by a court of competent jurisdiction or agreed to in a written settlement. Customer will defend OS Domains from any third-party claim arising from (a) Customer's violation of the Acceptable Use Policy, (b) Customer Data, including without limitation any claim that Customer Data infringes a third party's rights or violates applicable law, or (c) Customer's breach of these Terms. The indemnifying party's obligations are conditioned on the indemnified party (i) promptly notifying the indemnifying party of the claim in writing, (ii) granting the indemnifying party sole control over the defense and settlement (provided that the indemnifying party may not settle any claim in a way that imposes liability on the indemnified party without the indemnified party's written consent), and (iii) providing reasonable cooperation at the indemnifying party's expense.

Plain English: How we handle information you tell us in confidence. Five years, exceptions for what becomes public.

Each party may disclose to the other non-public information that is identified as confidential or that a reasonable person would understand to be confidential under the circumstances ("Confidential Information"). Each party agrees to (a) use Confidential Information solely for the purpose of performing under these Terms, (b) protect Confidential Information with the same degree of care it uses to protect its own confidential information of similar sensitivity, but in no event less than reasonable care, and (c) not disclose Confidential Information to any third party except to employees, contractors, and advisors who have a need to know and who are bound by confidentiality obligations at least as protective as those in this Section. Confidential Information does not include information that (i) is or becomes publicly known through no fault of the receiving party, (ii) was rightfully known by the receiving party prior to disclosure, (iii) is independently developed without reference to Confidential Information, or (iv) is rightfully received from a third party without restriction. Confidentiality obligations survive termination for five (5) years, except for trade secrets, which remain confidential for as long as they retain trade secret status under applicable law.

Plain English: How we handle personal data under EU law. The DPA at /dpa is the binding document.

Each party will comply with applicable data protection laws, including the General Data Protection Regulation (Regulation (EU) 2016/679) and the EU-US Data Privacy Framework where relevant. The Data Processing Agreement available at /dpa is incorporated into these Terms by reference and governs the processing of Personal Data by OS Domains on Customer's behalf. In the event of conflict between these Terms and the DPA on matters of data protection, the DPA controls. Customer warrants that it has a lawful basis under GDPR Article 6 for processing the personal data it submits to the Services and for the email recipients to whom it sends messages. OS Domains will notify Customer of a personal data breach affecting Customer Data without undue delay and in any event within 48 hours of OS Domains becoming aware of the breach. Sub-processors are listed and maintained at /dpa#sub-processors with a 30-day advance notice mechanism for material changes.

Plain English: How long the contract runs, how to leave, what happens to your data after, and refunds.

These Terms commence on the Effective Date and continue until terminated. Either party may terminate these Terms for convenience by giving the other party written notice at least 30 days before the next renewal date (typically the first day of the next billing cycle). Either party may terminate these Terms immediately upon written notice if the other party (a) materially breaches these Terms and fails to cure within 30 days of written notice of breach, (b) becomes insolvent, files for bankruptcy, or makes an assignment for the benefit of creditors, or (c) ceases business operations. Upon termination: (i) Customer's right to use the Services ceases immediately, (ii) OS Domains will provide Customer with the ability to export Customer Data for 90 days following termination, after which OS Domains will delete Customer Data in accordance with the DPA, (iii) Customer remains liable for fees accrued up to and including the termination date, and (iv) any annual prepayment is non-refundable except where termination is due to OS Domains' uncured material breach. Sections that by their nature should survive termination (Definitions, Intellectual Property, Indemnification, Confidentiality, Limitation of Liability, Dispute Resolution) survive.

Plain English: Whose law applies, where lawsuits get filed, and our preference for resolving things informally first.

These Terms are governed by the laws of Austria, without reference to its conflict-of-laws principles. The parties agree to attempt to resolve any dispute arising under these Terms through good-faith negotiation for at least 30 days before initiating formal proceedings. If informal resolution fails, any dispute, controversy, or claim arising out of or relating to these Terms shall be exclusively submitted to the competent courts of Vienna, Austria, except that OS Domains may bring claims for unpaid fees in any jurisdiction where Customer has assets or operations. Both parties expressly waive the right to a jury trial to the extent permitted by applicable law. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Nothing in this Section limits either party's right to seek injunctive or equitable relief in any court of competent jurisdiction for breaches of intellectual property or confidentiality obligations.

Plain English: Events outside our reasonable control that excuse non-performance temporarily.

Neither party shall be liable for any failure or delay in performance under these Terms (other than the obligation to pay fees) due to causes beyond its reasonable control, including without limitation acts of God, war, terrorism, civil disturbance, sabotage, internet or telecommunications failures originating outside the party's network, government actions or orders, epidemics or pandemics declared by recognized health authorities, natural disasters, or labor strikes (other than strikes by the party's own employees). The party affected by a force majeure event shall give prompt written notice to the other party, use commercially reasonable efforts to mitigate the impact, and resume performance as soon as practical. If a force majeure event continues for more than 60 consecutive days and materially impairs Customer's ability to use the Services, Customer may terminate these Terms by written notice and receive a pro-rated refund of prepaid but unused fees.

Plain English: The standard contract boilerplate. Notices, assignment, severability, entire agreement.

Notices to OS Domains shall be sent to [email protected] with a copy to OS Domains GmbH, Fleischmarkt 1, 1010 Vienna, Austria, attention: Legal Department. Notices to Customer shall be sent to the email and postal addresses on file in Customer's account. Neither party may assign these Terms without the prior written consent of the other party, except that either party may assign these Terms in connection with a merger, acquisition, reorganization, or sale of substantially all of its assets, provided that the assignee assumes all obligations under these Terms in writing. If any provision of these Terms is held unenforceable, the remaining provisions shall continue in full force and effect, and the unenforceable provision shall be modified to the minimum extent necessary to make it enforceable while preserving its original intent. The failure of either party to enforce any provision is not a waiver of that provision or of any other right. These Terms, together with the applicable Order Form, the DPA, and the Cookies Policy, constitute the entire agreement between the parties regarding the Services and supersede all prior and contemporaneous agreements, representations, and understandings. Amendments require a written instrument signed by an authorized representative of each party, except that OS Domains may update these Terms by posting a revised version on this page; material changes will be communicated by email to the account contact with at least 30 days notice before the effective date.