Terms of Service

1. Acceptance of Terms

By accessing or using Ploncker ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these Terms, you may not use the Service.

These Terms apply to:

• Hosted service at ploncker.com (SaaS)
• Cloud hosted deployments (governed by Proprietary License + these Terms)
• All APIs, dashboards, and email infrastructure

2. Service Description

Ploncker is an email automation platform that enables you to:

• Send transactional and marketing emails
• Manage contact lists and segments
• Create email campaigns and workflows
• Track email performance and analytics

Service Models

Hosted SaaS: We manage infrastructure, updates, and scaling. Available at ploncker.com.

Cloud Hosted: You deploy and manage your own instance. Software available under Proprietary License at ploncker.com.

Email Delivery

Ploncker uses third-party email delivery infrastructure. Service availability depends on these providers' uptime and quota limits.

3. Account Registration & Eligibility

Age Requirement

You must be at least 16 years old to use Ploncker. By creating an account, you represent that you meet this age requirement.

Account Security

• You are responsible for maintaining account confidentiality
• Use a strong password (minimum 6 characters, stored as bcrypt hash)
• Do not share credentials with others
• Notify us immediately of any unauthorized access

Email Verification

Email verification may be required based on deployment configuration. OAuth providers (Google, GitHub) are automatically verified.

Multiple Users

Projects support multiple members with role-based access. Each member must have their own account.

Account Information

Provide accurate, current, and complete information. Update information promptly when changes occur.

4. Acceptable Use Policy

You may NOT use Ploncker to:

• Send spam or unsolicited bulk emails
• Violate anti-spam laws (CAN-SPAM, GDPR, CASL, etc.)
• Send emails containing illegal content
• Distribute malware, viruses, or malicious code
• Harass, threaten, or abuse recipients
• Impersonate others or misrepresent sender identity
• Send phishing or fraudulent emails
• Violate third-party intellectual property rights
• Interfere with platform security or performance
• Circumvent rate limits or usage restrictions

Content Restrictions

• No illegal pornography or adult content
• No hate speech or discriminatory content
• No violent threats or terrorism
• No illegal gambling or controlled substances

Your Responsibilities

You are responsible for:

• All content sent through your account
• Compliance with applicable laws in your jurisdiction
• Ensuring recipients can unsubscribe from marketing emails

5. Email Compliance & Anti-Spam

Required Consent

• Prior express consent (opt-in forms, checkboxes, subscriptions)
• Documented consent records (signup date, IP address, opt-in method)
• Double opt-in is strongly recommended

Prohibited Activities

• ✗ Purchasing or renting email lists
• ✗ Scraping email addresses from websites
• ✗ Sending emails without documented consent
• ✗ Using third-party lists without verified opt-ins
• ✗ "One-time" cold outreach emails

Unsubscribe Requirements

• Marketing emails MUST include an unsubscribe link
• Unsubscribe requests must be honored immediately
• Do not require login to unsubscribe
• Transactional emails may omit unsubscribe (but must be truly transactional)

Sender Reputation Monitoring

Ploncker monitors email bounce and complaint rates to maintain service quality and sender reputation. Projects with excessive bounce or complaint rates may receive warnings or be automatically suspended to protect our email infrastructure and delivery capabilities.

If your project is suspended:

• Email sending is immediately disabled
• You will receive notification at your registered email
• You must remediate issues before reactivation
• Repeated violations may result in permanent termination

Legal Compliance

You must comply with applicable anti-spam laws:

• CAN-SPAM Act (USA): Include physical address, accurate headers, unsubscribe option
• GDPR (EU): Obtain consent, honor data rights, provide privacy policy
• CASL (Canada): Obtain express consent, identify sender, provide unsubscribe
• Other jurisdictions: Comply with local anti-spam laws

You are solely responsible for legal compliance in your jurisdiction.

6. Billing & Payments

(SaaS Only - Not applicable to cloud hosted)

Pay-As-You-Go Model

• Usage-based billing calculated after usage
• Charges based on emails sent (transactional, campaigns, workflows)
• No monthly subscriptions (usage billing only)
• Free tier available (1,000 emails/month total across all email types)

Payment Processing

• Payments processed via Stripe (PCI-DSS compliant)
• Credit/debit cards accepted
• Billing occurs after usage is calculated
• Invoices available in dashboard

No Refunds

Due to the pay-as-you-go nature of our service, refunds are not offered. Usage is calculated and billed after emails are sent. Disputes must be raised within 30 days of charge.

Usage Limits

• Rate limits apply to protect service stability
• Projects may be throttled if limits are exceeded
• Contact legal@ploncker.com for quota increases

Non-Payment

• Overdue accounts may be suspended after 14 days
• Service restored upon payment
• Data retained for 30 days after suspension

7. Data Ownership & Privacy

Your Data Ownership

• You own all contact data, email content, and custom fields
• Ploncker never sells or shares your data with third parties
• You can access and delete your data at any time via the dashboard or API

Ploncker's Role (GDPR Context)

• Data Controller: For your account information (email, password)
• Data Processor: For your contact data (we process on your behalf)

Privacy

• Full details in our Privacy Policy
• EU/EEA data residency (Hetzner infrastructure)
• GDPR-compliant data processing
• Immediate deletion upon request (no grace period)

Data Portability

• Export contacts as JSON via API
• Export email templates and workflows
• Export analytics and event data

Cloud Hosted

• You are the data controller for your instance
• You are responsible for GDPR compliance
• You control data retention and deletion policies

8. Intellectual Property

Ploncker Software (Proprietary License)

• Core platform is developer-first under Proprietary License
• Available at ploncker.com
• You may modify, distribute, and use per Proprietary terms
• Proprietary License terms govern software usage

Ploncker Trademarks

• "Ploncker" name and logo are trademarks
• Requires permission for commercial use beyond software usage
• Attribution required for cloud hosted deployments
• "Powered by Ploncker" badge (removable with subscription)

Your Content

• You retain all rights to content you create (emails, templates, workflows)
• You grant Ploncker a license to process content for service delivery
• No ownership transfer to Ploncker

9. Service Availability & Limitations

Best-Effort Delivery

• Email delivery is not guaranteed 100%
• Depends on recipient servers, spam filters, and email delivery infrastructure
• No SLA for uptime or delivery rates (hosted service)

Limitations

• Rate limits apply to protect service stability
• Storage limits may apply
• API rate limiting to prevent abuse
• Bounce/complaint monitoring may suspend projects

Force Majeure

Not liable for service interruptions due to:

• Email delivery infrastructure outages or quota issues
• Internet connectivity problems
• Natural disasters or acts of God
• Government actions or legal requirements
• Cyber attacks or security incidents

Maintenance

• Scheduled maintenance with advance notice
• Emergency maintenance may occur without notice

10. Termination

Your Right to Terminate

• Cancel account at any time via dashboard
• No cancellation fees
• Pay-as-you-go charges apply up to cancellation date
• Data is immediately deleted (no recovery period)

Our Right to Terminate

We may suspend or terminate your account for:

• Violation of these Terms (especially Acceptable Use Policy)
• Fraudulent activity or payment disputes
• Abuse of service or security threats
• Excessive bounce/complaint rates
• Non-payment after 30 days

Effect of Termination

• Access to service immediately revoked
• All data permanently deleted (no backups retained)
• In-flight campaigns/workflows are cancelled
• No refunds for unused time or credits

11. Liability & Warranties

No Warranties

Service provided "AS-IS" without warranties of any kind, express or implied, including but not limited to:

• No guarantee of uptime, delivery rates, or data accuracy
• No warranty of merchantability or fitness for a particular purpose
• No warranty of uninterrupted or error-free operation

Limitation of Liability

To the maximum extent permitted by law, Ploncker's total liability is limited to the fees you paid in the last 12 months. We are not liable for:

• Indirect, consequential, or punitive damages
• Lost profits, data loss, or business interruption
• Third-party claims arising from your use of the service

Indemnification

You agree to indemnify and hold Ploncker harmless from claims arising from:

• Your use of the service
• Violation of these Terms (especially email compliance requirements)
• Violation of third-party rights
• Unlawful or fraudulent activity

Exceptions

Liability cannot be limited for willful misconduct, gross negligence, or where prohibited by law. Consumer protection laws may override these limitations.

12. Dispute Resolution

Governing Law

These Terms are governed by the laws of the European Union. Disputes are subject to EU consumer protection laws.

Negotiation

Parties agree to good-faith negotiation before litigation. Contact legal@ploncker.com to initiate dispute resolution. 30-day negotiation period required.

Jurisdiction

Courts of the European Union have jurisdiction. You may also bring claims in your country of residence (EU consumer rights).

Class Action Waiver

Disputes resolved individually, not as class actions, unless prohibited by law.

13. Changes to Terms

Modification Rights

Ploncker may update these Terms at any time. Material changes will be announced via:

• Email notification to registered users
• Notice on website homepage
• Updated "Last Updated" date

Notice Period

• 30 days notice for material changes
• Immediate effect for non-material changes (typos, clarifications)

Acceptance

Continued use after changes constitutes acceptance. If you disagree, you must stop using the service.

14. Cloud Deployments

Proprietary License Governs

• Cloud hosted software use governed by Proprietary License
• Available at ploncker.com/terms
• These Terms supplement (not replace) Proprietary License

Your Responsibilities

• Infrastructure management and scaling
• Security updates and patching
• Database backups and disaster recovery
• Compliance with anti-spam laws (Sections 4 & 5 still apply)
• Email delivery infrastructure account and quota management

No Support

• Community support only (ploncker.com/discord)
• No SLA or uptime guarantees
• Paid support may be available on request

Compliance

• You must comply with Section 4 (Acceptable Use) and Section 5 (Email Compliance)
• You are the data controller and responsible for GDPR compliance
• You must create your own Privacy Policy for your users

15. Contact Information

Questions or concerns about these Terms?

Technical Support:

• Community: Ploncker Community
• Discord: ploncker.com/discord

Privacy Requests:

See our Privacy Policy or email legal@ploncker.com