English translation. In the event of discrepancies or differences in interpretation, the German version prevails to the extent permitted by law.
1 Provider and scope
These Terms of Service (“Terms”) govern all contracts for use of the Maildroppa email-marketing service between:
Marcus Biel, trading as “Maildroppa” Dr.-Peter-Hecker-Str. 4b 82031 Grünwald Germany Contact: contact form
(“Maildroppa”, “we”) and the ordering customer (“Customer”).
Maildroppa is offered exclusively to businesses within the meaning of section 14 of the German Civil Code (BGB), public-law entities and special funds under public law, and not to consumers. The person acting for Customer must be at least 18 and authorised to bind Customer.
Customer terms apply only if Maildroppa expressly agrees to them in text form.
2 Contract documents and priority
The Agreement consists of:
- an individually agreed Order or proposal;
- the separate Data Processing Agreement (DPA), version 1.3 dated 7 October 2026, including its Annexes 1 to 3, where Maildroppa processes personal data on behalf of Customer;
- these Terms of Service, version 1.2 dated 7 October 2026;
- the separate Anti-Spam and Acceptable Use Policy, version 1.2 dated 7 October 2026;
- the agreed service description and pricing.
That order determines priority in the event of conflict. The DPA prevails for processing on behalf of Customer. Website marketing statements alone do not extend the agreed service.
3 Formation and account
Customer makes an offer by completing the order or registration process. Maildroppa may accept by express confirmation or account activation. There is no entitlement to activation. Before or after activation, we may verify identity, business status, list origin, website, domain, senders, business model and payment method. Electronic acceptance through the single acceptance field in the registration or order process covers these Terms of Service, the DPA identified in Clause 2 including its Annexes, and the Anti-Spam and Acceptable Use Policy identified there. The DPA becomes binding together with the Main Agreement; no separate signature is required.
By completing registration or an Order, the acting person represents that the service is ordered exclusively for a trade, business or independent professional activity and that the person has authority to bind the identified Customer. Maildroppa may request appropriate evidence of business status and authority. This representation does not exclude mandatory consumer rights if, contrary to the information supplied, a consumer contract was in fact formed.
Customer provides complete, accurate and current information. Credentials are personal and confidential. Only authorised users may use an account. Customer controls roles, permissions, connected domains and integrations and must promptly report suspected unauthorised access.
Actions by authorised account users are attributed to Customer. Customer must not resell, rent or provide accounts or allowances as anonymous sending access for others without consent. Agency or reseller use requires a suitable agreement or express approval.
4 Maildroppa service
Maildroppa provides the online email-marketing, contact, form, campaign, automation, reporting, file and integration functions described in the selected plan. Functions, contact or send limits, billing interval, price and any trial are determined by the Order and service description displayed when the Agreement is formed.
We may develop the service provided the agreed core service remains and Customer is not unreasonably disadvantaged. Security, legal and abuse-prevention measures may change promptly where needed to protect the service, recipients or sending infrastructure.
Maildroppa does not guarantee a particular delivery, open or click rate, revenue effect, or the legal permissibility of a Customer campaign. Delivery depends on factors including lists, content, domain configuration, permission evidence, reputation and third-party mailbox-provider rules.
5 Availability, maintenance and support
Maildroppa uses reasonable efforts to provide a secure and highly available service. Continuous or error-free availability is owed only where expressly promised in a separate service-level agreement. Availability excludes announced maintenance, necessary security measures, events beyond our reasonable control and failures of third-party internet, DNS, power, cloud or email infrastructure.
Support is provided through published channels and at the level included in the plan. We may request information reasonably needed to diagnose and resolve an issue.
6 Customer obligations
Customer must:
- use Maildroppa only for lawful, transparent and permission-based communication;
- have a valid legal basis for every recipient and, where needed, reliable permission evidence;
- maintain accurate sender identity, legal notice, required disclosures and unsubscribe method;
- respect and not circumvent unsubscribes, objections, complaints and suppressions;
- keep recipient, campaign and account data accurate, necessary and proportionate;
- protect account access, domains, API keys and integrations;
- keep its systems, content and files free of malicious code;
- cooperate with reasonable security, delivery and abuse reviews;
- comply with all laws, industry rules and contracts applicable to its activity.
Customer remains responsible for content, recipients, legal basis, timing, target market, tracking configuration, required information and response to data-subject requests. Double opt-in, unsubscribe links and other product functions do not replace that assessment.
7 Anti-spam and prohibited use
The Anti-Spam and Acceptable Use Policy identified in Clause 2 forms part of the Agreement. Purchased, rented, brokered or scraped lists, lists without demonstrable permission, mass cold email, phishing, deception, malware, evasion of restrictions and illegal content are prohibited.
Higher-risk industries or models may be excluded or require prior written approval and additional evidence. Approval does not release Customer from its obligations.
8 Customer Content, licence and feedback
Customer retains its rights in contacts, campaigns, brands, files and other content (“Customer Content”). For the Agreement term, Customer grants Maildroppa a non-exclusive licence to store, copy, transmit, technically adapt and display Customer Content to the territorial extent necessary to provide, secure and support the service and carry out documented instructions.
Customer warrants it has the rights and legal bases needed and that Customer Content and its processing do not infringe law or third-party rights. The specially protected data referred to in Clause 3.4 of the DPA, in particular data under Articles 9 and 10 of the GDPR, may be processed only under the conditions set out there.
Maildroppa may use voluntary feedback without charge to improve the service, but will not publish confidential information or personal Customer Content.
9 Privacy
Maildroppa’s own processing as a controller is governed by the Privacy Notice . Where Maildroppa processes Customer Personal Data on Customer’s behalf, the DPA identified in Clause 2 under Article 28 of the GDPR applies, including the technical and organisational measures in Annex 2 and the subprocessor list in Annex 3.
Depending on the actual processing, Customer may be a controller or itself a processor on behalf of a third party. Where Customer is the controller, it fulfils, in particular, its obligations relating to notices, assessment of legal bases, data-subject rights, data-protection impact assessments and erasure requirements. Where Customer itself acts as a processor, it fulfils the obligations under Clause 2.3 of the DPA. Maildroppa provides contractual and statutory assistance.
10 Confidentiality
Each party keeps the other party’s non-public business, technical and organisational information confidential and uses it only for the Agreement. This does not cover information demonstrably public, lawfully received from a third party, independently developed or required to be disclosed by law or an enforceable order. The other party is informed before compelled disclosure where legally permitted.
Data-protection confidentiality and trade-secret duties remain unaffected. This duty lasts for three years after termination and, for trade secrets and personal data, as long as protection is legally or inherently required.
11 Third-party services and integrations
The service may include interfaces or links to third parties. If Customer activates its own integration or instructs Maildroppa to send data to a third party, Customer is responsible for selection, authority, agreement, configuration and lawfulness of that recipient. Maildroppa is not responsible for a third-party service unless it is expressly agreed as Maildroppa’s own service.
Subprocessors selected by Maildroppa to provide its service are governed by the DPA and its Annex 3.
12 Prices, billing and tax
Prices, currency, included usage, overage, billing period and due date are determined by the Order and price list. Prices exclude applicable VAT. Customer supplies necessary payment details and ensures sufficient funds.
Recurring plans renew for the agreed billing period unless cancelled before the next renewal. Cancellation takes effect at the end of the paid period unless the Order or mandatory law states otherwise. Accrued fees and usage-based charges remain payable.
After reasonable notice of non-payment, we may restrict access. Statutory default interest and other rights remain. Customer may set off only undisputed or finally adjudicated claims. This restriction does not apply to counterclaims arising from the reciprocal relationship with the claim against which set-off is asserted. Retention rights must arise from the same legal relationship.
13 Trials and free plans
Trials and free plans may be limited in duration, contacts, sending, functions, support and storage. We may change or end them with reasonable notice. Immediate restriction is possible for security, abuse or legal risk. Where reasonable, an export will be made available before an ordinary termination.
14 Term and ordinary cancellation
The Agreement begins on acceptance and continues for the agreed period. Either party may cancel at the end of the current period using the account function or in text form unless a different notice period is agreed.
Statutory retention obligations and accrued payment claims remain unaffected. Any further processing of data after termination is governed by Clause 16 and, where applicable, the DPA.
15 Restriction and termination for cause
Maildroppa may temporarily restrict functions or the account where there are concrete indications of:
- a material or repeated breach of the Agreement or Policy;
- spam, phishing, malware, deception or illegal content;
- a threat to recipients, security, systems or sending reputation;
- unauthorised access, evasion of restrictions or false identity information;
- material payment default;
- a statutory or regulatory requirement.
Measures are proportionate to risk and urgency. Unless this would prejudice the protective purpose, we explain the reason and required remedy and allow Customer to respond. We may act immediately where there is acute danger. Customer may request human review through our contact form .
Where a restriction is based on the view that information supplied by Customer is illegal or incompatible with these Terms, Customer receives a clear and specific statement of reasons no later than the restriction taking effect, where its electronic contact details are known and no statutory exception applies. The statement identifies the nature, territorial scope and duration of the measure, the material facts and circumstances, any prior notice or own-initiative review, use of automated means, the legal or contractual ground and available redress.
Either party may terminate for material cause. A reasonable cure period normally applies where the breach can be cured. No cure period is required where cure is impossible or unreasonable, there is acute danger, the violation is intentional or exceptionally serious, or immediate termination is legally required.
16 Export and consequences of termination
Until contract end, Customer can use available export functions. On a timely request, we provide a reasonable export of operational Customer data in an available commonly used machine-readable format where technically possible and lawful.
After termination, productive access is disabled. The return and deletion of Customer Personal Data, including existing copies and backups, are governed by Clause 11 of the DPA. Other operational Customer data is deleted without undue delay after termination and, where applicable, completion of an agreed return, unless a statutory retention obligation applies. Access-restricted backups of this other data are overwritten under the documented regular backup cycle and are not used for new production purposes in the meantime. Billing and contract records and necessary suppression, security and abuse evidence are retained only to the extent that a statutory retention obligation applies or Maildroppa lawfully processes them as a controller in its own right under Clause 1.4 of the DPA. These records are kept separately, limited to their purpose and retained only for as long as necessary for the respective lawful purpose. This does not confer any general authority to continue using Customer Personal Data.
Continued availability of self-service export functions after the access period is not guaranteed. Customer is therefore responsible for exporting in time through those functions. Statutory return, deletion and assistance obligations and the corresponding provisions of the DPA are not restricted by expiry of the access period or an account restriction. Return and deletion required by law shall not be refused or unduly delayed because remuneration remains outstanding or is disputed; valid claims for remuneration remain unaffected.
17 Rights in Maildroppa
Software, interface, documentation, trade marks, templates and other Maildroppa material remain vested in Maildroppa or the relevant licensors. Customer receives a non-transferable, non-exclusive right to use the service for its own business purposes during the Agreement and within the agreed scope.
Prohibited acts include reverse engineering beyond mandatory statutory rights, bypassing technical controls, automated security or load testing without approval, resale without agreement and use of Maildroppa marks suggesting a partnership or endorsement that does not exist.
18 Warranty
Statutory rules apply subject to these B2B provisions. Customer must promptly report defects in a comprehensible manner and assist in reproducing them. Maildroppa may first, at its option, repair or provide a reasonable workaround. Immaterial deviations and errors caused by Customer configuration, third parties independently engaged by Customer or unsupported Customer environments are not Maildroppa defects. Maildroppa’s own statutory and contractual obligations, including responsibility for service providers engaged to perform its own services, remain unaffected.
A guarantee exists only where expressly identified as a guarantee.
Maildroppa’s strict liability in damages for defects already present when the Agreement is formed under section 536a(1), first alternative, of the German Civil Code is excluded. Clause 19 and mandatory statutory liability remain unaffected.
19 Liability
Maildroppa has unlimited liability for intent and gross negligence, injury to life, body or health, under the German Product Liability Act, for fraudulent concealment and within an expressly assumed guarantee.
For slight negligence in breach of an essential duty whose performance makes proper execution of the Agreement possible and on which Customer ordinarily relies, liability is limited to the foreseeable loss typical for the Agreement at the time it was formed. Liability for other slight negligence is excluded.
These limitations also benefit Maildroppa’s legal representatives, personnel and agents. Mandatory liability under the GDPR or other law remains unaffected. Subject to the rules above, data-loss claims are limited to the typical restoration cost that would have arisen with reasonable risk-appropriate Customer backups and timely export; this does not release Maildroppa from its own agreed backup and recovery duties.
20 Indemnity for Customer violations
Where Customer Content or Customer conduct in breach of contract culpably infringes law or third-party rights, Customer indemnifies Maildroppa against justified third-party claims and necessary reasonable defence costs. Maildroppa promptly informs Customer, leaves defence to Customer where legally possible and makes no settlement burdening Customer without consent. The indemnity does not apply to the extent Maildroppa caused or is responsible for the claim.
21 Changes to the Terms and service
We may change these Terms for future agreements. For existing agreements, we may make a change for an objective reason, including a change in law, case law, security, the service or technical conditions, provided it does not unreasonably shift the contractual balance against Customer.
We generally give at least 30 days’ notice of a material change. If Customer objects to a materially adverse change, it may cancel the affected Agreement before the effective date. Changes legally required or necessary for an acute security or abuse threat may take effect sooner; we explain the reason.
This Clause does not confer authority to change individually agreed prices, agreed core services or the DPA. Changes to the DPA and its Annexes are governed by its provisions, which take precedence.
22 Notices
Contract notices may be sent to the business email in the account or displayed in the account. Customer keeps contact details current. Cancellation, legally material declarations and security notices are made in text form unless stricter form is required.
23 Final provisions
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Where legally permitted and Customer is a merchant, public-law entity or special public-law fund, the exclusive venue is Munich, Germany. Maildroppa may also sue at Customer’s general venue.
Customer may assign the Agreement only with prior consent, which will not be unreasonably withheld. Maildroppa may assign it to a successor to all or a substantial part of the business where Customer rights are not materially impaired, with prior notice.
If a provision is invalid, the remaining provisions remain effective and statutory rules replace the invalid provision. Individual amendments require text form unless stricter form is mandatory.
24 Language
The Agreement may be concluded in German or English. The English versions of these Terms of Service, the Data Processing Agreement and the Anti-Spam and Acceptable Use Policy are translations of the German originals and may be used to conclude the Agreement. In the event of discrepancies or differences in interpretation between the language versions, the German version of the respective document prevails to the extent permitted by law.