The contract we share.
1. Scope
These Terms govern the contractual relationship between BLUN (Mayk Biletti, sole proprietor, Sportplatzgasse 32b, 2443 Leithaprodersdorf, Austria — the "Operator", "we", or "pulsemail") and any registered user of pulsemail / send.blun.ai (the "Service"). Users of the Service who send email through it are referred to as the "Sender" or "Customer"; people who receive those emails are referred to as "Recipients".
By creating an account or using the Service you accept these Terms. If you act on behalf of a company, you confirm you are authorised to bind it.
2. Service description
pulsemail is a hosted email-sending platform: it accepts email content and recipient lists from the Sender, applies sender authentication (DKIM/SPF/DMARC), queues and dispatches messages over SMTP from EU-located mail servers, captures delivery and engagement events (bounces, opens, clicks, complaints), and provides a dashboard, API, and webhook surface to manage all of the above.
We strive for high availability and target 99.9% monthly uptime across the sending and dashboard surfaces. Maintenance windows are announced at /status at least 48 hours in advance where practical. Emergency maintenance may occur without notice.
3. Account & eligibility
- You must be at least 18 years old (or the age of majority in your jurisdiction).
- You must provide truthful information at registration, including a valid sending domain you control.
- Credentials and API tokens must be kept confidential. You are responsible for all activity under your account.
- One natural or legal person may operate one account unless we explicitly authorise additional accounts.
- Suspected unauthorised access must be reported immediately to blun.ai.app@gmail.com.
4. Pricing & payment
Plans are subscriber-cap-based. Payments are processed by Stripe Payments Europe Ltd. Recurring plans are billed monthly in advance via your stored payment method. Tax: per Kleinunternehmer §6 Abs.1 Z 27 UStG, no VAT is shown on invoices.
Up to 1,000 sends per month. Full deliverability stack, basic analytics. No credit card required.
Up to 25,000 sends. Drips, A/B subject testing, send-time optimisation, full event log.
Up to 250,000 sends. Dedicated IP, priority queue, SSO, audit log, custom retention.
Overage is billed per 1,000 additional sends at the rate listed on /pricing. Plan upgrades take effect immediately and are pro-rated; downgrades take effect at the next renewal. Failed payments suspend sending after a 7-day grace period; account data is retained for 30 days post-suspension before deletion.
5. Customer obligations & list practices
- Lawful consent: you only send to Recipients with a valid GDPR / ePrivacy legal basis — typically affirmative opt-in. You retain the consent record and produce it on request.
- One-click unsubscribe: every marketing email contains a working unsubscribe link and the
List-Unsubscribe+List-Unsubscribe-Postheaders required by Gmail / Yahoo / Outlook. pulsemail injects defaults if missing. - Suppression honoured: once a Recipient unsubscribes, marks as spam, or hard-bounces, pulsemail blocks further sending. Attempting to circumvent suppression is grounds for termination.
- Authenticated sender domain: you set up DKIM, SPF, and a DMARC policy on the domains you send from. We provide the DNS wizard.
- Imprint / sender identity: commercial email contains a valid postal address and identifies the Sender truthfully (CAN-SPAM § 5, ECG § 6, ePrivacy Art. 13).
- No automated abuse: no scraped lists, no purchased lists, no list-bombing, no signup-form abuse. We run pre-send compliance checks; failure aborts the send.
6. Sender list ownership
The Sender retains all rights, title, and interest in their subscriber list and Recipient personal data. pulsemail processes Recipient data only on the Sender's documented instruction (account configuration + API calls + dashboard actions count as documented instruction) per Art. 28 GDPR.
The relationship between Sender (controller) and pulsemail (processor) for Recipient data is governed by our Data Processing Agreement, which is auto-accepted upon acceptance of these Terms (see Section 13.6 below).
We will never resell, rent, or use your list for any purpose other than executing the email-sending services you instruct. Aggregated, anonymised deliverability statistics may be used internally for spam-fighting and infrastructure improvements.
7. Acceptable use & banned content
The following are categorically forbidden and result in immediate suspension or termination, with no refund of pre-paid fees, and may be reported to authorities:
Forbidden — non-exhaustive list
- Phishing, credential harvesting, fake login pages, brand impersonation.
- Financial scams: investment fraud, romance scams, advance-fee fraud, pump-and-dump.
- Cryptocurrency airdrops, ICO promotions to non-consenting lists, "guaranteed return" schemes.
- Sale of illegal goods or controlled substances (firearms to consumers across borders, narcotics, prescription drugs without authorisation, counterfeits).
- Hate speech, harassment, doxxing, threats, content targeting protected classes.
- Sexual content involving minors (CSAM) — reported to authorities and NCMEC immediately.
- Adult content sent to non-consenting Recipients or without age-verification.
- Malware delivery, exploit kits, RATs, spyware payloads.
- Election interference, coordinated disinformation, deepfake identity fraud.
- Sanctions evasion, money laundering, terrorist financing.
- Bulk messaging to addresses harvested from registries, scraping, breach dumps, or "appended" / purchased lists.
If you are uncertain whether a use case is permitted, ask blun.ai.app@gmail.com before sending. We reserve the right to refuse service for any use that, in our reasonable judgement, harms Recipients, our deliverability, or the open email ecosystem.
8. Liability
The Operator is liable in cases of intent and gross negligence in accordance with statutory provisions. For slight negligence, liability is limited to foreseeable damages typical for the contract type and capped at the fees paid for the Service in the 12 months preceding the claim. Liability for indirect damages, lost profits, lost opportunities, and data loss not caused by gross negligence is excluded. Mandatory consumer rights remain unaffected.
AI-generated outputs (subject-line suggestions, send-time recommendations, copy review, deliverability hints) are provided without warranty. Verify before sending; the Sender remains solely responsible for the final content of each campaign.
9. Deliverability disclaimer
pulsemail authenticates every send via DKIM, aligns SPF, and verifies DMARC. We monitor IP and domain reputation across major mailbox providers, run pre-send compliance checks, warm dedicated IPs gradually, and process feedback-loop reports.
However, inbox placement is determined by the receiving mail provider, not by pulsemail. We do not — and legally cannot — guarantee that a given message will land in the primary inbox at every receiving ESP. Factors outside our control include: the Sender's domain reputation, list hygiene, content filters, recipient engagement history, and provider-specific algorithms.
What we do guarantee: that we authenticate properly on our end, queue your sends fairly, expose all available diagnostic data, and — when reputation problems arise — work with you to identify root causes.
10. Term & termination
Free accounts may be deleted at any time from the dashboard. Paid plans run for the subscription period (typically one month) and renew automatically until cancelled; cancellation takes effect at the end of the current billing period.
The Operator may suspend or terminate accounts immediately and without refund for: violation of Section 7 (banned content), repeated violation of Section 5 (list practices), failure to pay after the 7-day grace period, court order, or threat to the integrity of the sending infrastructure.
On termination, we offer a 30-day window to export account data and Recipient lists in CSV/JSON. After 30 days, account data is deleted from live systems; the indefinite suppression list (hashed unsubscribes/complaints) is retained as part of our anti-abuse compliance, even after account deletion.
11. Modifications
We may modify these Terms to reflect product or legal changes. Material changes will be communicated via email and via in-app banner at least 30 days in advance. Continued use after the effective date constitutes acceptance. If you object to a change, you may terminate the contract before the change takes effect and we will refund any pre-paid unused portion.
12. Governing law & jurisdiction
Austrian law applies, excluding its conflict-of-law provisions and the UN Convention on Contracts for the International Sale of Goods. For consumers, the mandatory protections of their habitual residence within the EU apply and remain unaffected. For business users, the exclusive place of jurisdiction is Eisenstadt, Austria, where legally permitted.
13. ODR, final provisions & DPA acceptance
The European Commission's ODR platform: ec.europa.eu/consumers/odr. We are not generally willing to participate in arbitration before a consumer board.
If any provision of these Terms is or becomes invalid, the remaining provisions stay in effect. The invalid provision is replaced by the valid provision that comes closest to the parties' economic intent.
13.6 — DPA acceptance: by accepting these Terms and using the Service to process Recipient data, the Sender accepts the Data Processing Agreement at /legal/dpa, which forms an integral part of this contract per Art. 28(3) GDPR. A signed paper copy is available on request.
Operator contact: BLUN — Mayk Biletti, Sportplatzgasse 32b, 2443 Leithaprodersdorf, Austria — blun.ai.app@gmail.com