Terms of Service

eusend is operated by Bjørnerås Labs (org.nr. 938 162 336), a Norwegian sole proprietorship (enkeltpersonforetak) registered in the Brønnøysund Register Centre.

These terms are an agreement between you and Bjørnerås Labs. Purchases are sold and processed by Polar as our merchant of record — see our Refund Policy. For questions about these terms, contact legal@eusend.dev.

Eusend provides a transactional and marketing email delivery API. We send emails on your behalf using sending infrastructure hosted entirely within the European Union.

The service is available to businesses and to individuals. Whichever you are, you are responsible for having a lawful basis to email every recipient you send to — see Your content below. If you are buying as a consumer in the EU, EEA or UK, your statutory rights apply in addition to these terms and nothing here limits them.

You may not use eusend to:

• Send unsolicited bulk email (spam)
• Send email to addresses obtained without the recipient's consent
• Distribute malware, phishing content, or fraudulent messages
• Violate any applicable law or regulation
• Attempt to circumvent sending limits, abuse protections, or authentication systems
• Resell or sublicense the service without written permission

These rules are set out in full, including prohibited content and mailing-list requirements, in our Acceptable Use Policy. We reserve the right to suspend accounts that violate them, immediately and without notice if necessary to protect service integrity.

Because every customer shares our sending reputation, we may also suspend sending, lower sending limits, or hold messages for review where we reasonably suspect abuse or a risk to our sending reputation or infrastructure — even before a violation is confirmed. Much of this is done by automated systems. If we act on a suspicion that turns out to be wrong, we will restore your account as soon as we can once you contact us. We are not liable for suspensions or limits applied in good faith.

You retain ownership of the emails you send and the data you upload. By using the service, you grant eusend a limited license to process that content solely to deliver the service.

You are responsible for ensuring you have lawful basis to email your recipients and that your use of recipient data complies with applicable law. By sending email through eusend, you confirm that you have the right to use the content and data you send, that it does not infringe anyone else’s rights, and that you have any consent the law requires from each recipient.

To protect recipients and our shared sending reputation, we screen messages and account activity for abuse, using automated systems. Where a message or account is flagged, a member of our team may review the relevant message content, and that access is logged. We may block, hold, or refuse to deliver messages that violate these terms, the Acceptable Use Policy, or applicable law. We are not obliged to monitor your content, and the fact that a message was delivered does not mean we have approved it.

If you send us feedback or suggestions about the service, we may use them freely and without obligation to you.

You will indemnify and hold Bjørnerås Labs harmless against any claims, fines, damages, and reasonable costs (including legal fees) brought by third parties — including recipients, mailbox providers, and supervisory authorities — that arise from the content you send, the recipients you send to, your breach of these terms or the Acceptable Use Policy, or your breach of data protection or marketing law.

If you use the service as a consumer, this section applies only to the extent permitted by the mandatory consumer law of your country of residence.

When you send email through eusend, you (or your organization) are the data controller for your recipients' personal data, and eusend acts as your data processor under Article 28 of the GDPR. We process recipient data only on your instructions — to deliver, track, and report on the email you send, and to screen it for abuse as described in Your content above — and never for our own purposes.

The terms of that processing are set out in our Data Processing Addendum, which is incorporated into these terms and applies automatically wherever the GDPR or an equivalent data protection law applies to the personal data you process through the service.

We engage a small number of sub-processors; the current list, including what each one does and where it operates, is maintained on our Sub-processors page. Your email sending data is stored only with our EU hosting providers; none of the other services on that list store it.

Upon termination of your account, your data is deleted as described in the Termination section below. If you need a counter-signed copy of the Data Processing Addendum for your own compliance records, email privacy@eusend.dev.

You are responsible for keeping your API keys and account credentials secure. Do not share API keys. Notify us immediately at security@eusend.dev if you believe your account has been compromised.

You must be at least 18 years old to create an account, and the information you give us must be accurate and kept up to date. We may suspend or close accounts created with false or misleading information.

Paid plans are billed monthly in advance. Overages are charged at the end of the billing period. Prices are listed on our pricing page and may change with 30 days' notice to existing customers.

New subscriptions and upgrades are covered by a 14-day money-back guarantee. Full details, including how renewals and overage are treated, are in our Refund Policy. If you believe you were incorrectly charged, contact billing@eusend.dev.

The free plan is offered at our discretion. We may change its limits or features, or discontinue it, and will give notice where we reasonably can.

We aim for high availability but do not guarantee uninterrupted service. Planned maintenance will be announced in advance when possible. We are not liable for losses caused by downtime.

We do not guarantee that any email will be delivered, delivered within a particular time, or placed in the recipient's inbox rather than a spam or other folder. Whether and where a message is delivered is decided by the recipient's mail provider, based on factors we do not control — including your content, your domain's reputation, and how your recipients engage with your mail.

When we report an email as delivered, it means the recipient's mail server accepted it. What happens to the message after that is outside our control.

Except as expressly stated in these terms, the service is provided “as is” and “as available”, without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. If you are a consumer, your statutory rights are not affected.

To the maximum extent permitted by law, eusend is not liable for indirect, incidental, special, or consequential damages arising from your use of the service, including lost revenue, lost data, or undelivered emails.

Our total liability for any claim is limited to the greater of the amount you paid us in the three months preceding the claim or €100.

These limits do not apply to damage caused by our gross negligence or wilful misconduct, or to any liability that cannot be limited under applicable law.

We are not liable for any failure or delay caused by events beyond our reasonable control, including outages at our hosting or network providers, blocking or filtering by mailbox providers, inclusion of our infrastructure on third-party blocklists, attacks on our systems, or actions by public authorities. This does not relieve us of our security, breach-notification, or sub-processor obligations under the Data Processing Addendum.

You may cancel your account at any time from the dashboard settings. We may terminate or suspend your account for violation of these terms, non-payment, if required by law, or as described in the Acceptable use section.

Upon termination, your data will be deleted within 30 days unless you request an earlier deletion or we are required to retain it by law.

Sections that by their nature should continue after termination — including Indemnification, Disclaimer of warranties, Limitation of liability, Governing law, and the provisions of the Data Processing Addendum that it says survive — survive termination, as do any payment obligations that arose before it.

We may update these terms from time to time. We will notify you by email at least 14 days before material changes take effect, or at least 30 days for material changes to the Data Processing Addendum, as set out there. Continued use of the service after that date constitutes acceptance of the updated terms.

These terms are governed by Norwegian law. Disputes will be resolved in Norwegian courts. If you use the service as a consumer in the EU or EEA, this does not affect mandatory consumer protections of your country of residence.

These terms, together with the Acceptable Use Policy, Data Processing Addendum, Privacy Policy, and Refund Policy they refer to, are the entire agreement between you and us about the service, and replace any earlier agreement on the same subject.

If a court finds any part of these terms invalid or unenforceable, that part will be limited to the minimum extent necessary and the rest of the terms will remain in full effect. Our failure to enforce any part of these terms is not a waiver of our right to enforce it later.

Questions about these terms? Email legal@eusend.dev.