Terms of Service

1. Agreement and who we are

These terms are an agreement between you and Alexander Duggleby, a sole proprietor trading as SimpleSoftware365 ("we", "us"), of Marxergasse 24/2, 1030 Vienna, Austria. They cover your use of AgentMailMerge, including the website, the web app and the MCP server that your AI agent connects to (together, "the service").

By signing in or using the service you agree to these terms. If you are using the service for an organisation, you confirm that you can bind it, and "you" includes that organisation. If you do not agree, please do not use the service.

These terms take effect on 16 October 2026.

2. Accounts

You sign in with Microsoft. We do not set or store a separate password for you. An account belongs to one Microsoft 365 organisation (tenant), and one tenant can have at most one account. "You" means the account holder: the organisation, acting through its Owner. If you are an individual signing up for your organisation, you sign up on its behalf.

The Owner can invite other members. You are responsible for your members, for the AI agents and MCP clients they connect, and for everything that happens under your AgentMailMerge account. An agent acts with the access it is given. Treat what it does through the service as something you did. Keep your Microsoft accounts secure, and tell us promptly if you think your account has been used without your permission.

You must give accurate information and be old enough to enter a binding contract where you live.

3. The service

AgentMailMerge lets your agent create an email campaign: one template with merge fields and a list of recipients. After you approve it in the web app, we create scheduled drafts in your Microsoft 365 mailbox and send the messages from it, spread out over time. We read your mailbox to detect bounces and replies. If you add a custom tracking domain, we also track opens and clicks. Messages can include a one-click unsubscribe link, which uses our standard domain unless you set a custom one. Anyone who unsubscribes or hard-bounces goes on an account-wide suppression list. The link is optional and on by default. If you switch unsubscribe links off for your account, you remain responsible for giving recipients a lawful way to opt out.

You may only connect Microsoft 365 mailboxes that you have the right to use, including shared or Send As mailboxes you have been given rights to. The service works with Microsoft 365 only.

Open tracking is approximate. Some mail apps load images automatically and others block them, so open numbers are a guide, not a count.

We may add, change or remove features, and we may set or change limits such as daily caps, to keep the service reliable and safe. If we make a change that materially reduces what the service does for you, we will tell you.

4. Your agent and your approval

Nothing is sent until you approve the campaign in the AgentMailMerge web app. Your agent can only approve its own campaigns if you turn that setting on yourself.

You are responsible for every campaign sent under your account, whichever member or agent creates it. That includes campaigns you or your members approve, and, if you enable agent approval, campaigns your agent approves without you looking at them. Agents can make mistakes. We run validation and keep a suppression list, but these are safeguards, not a promise that a campaign is correct, lawful or appropriate. Review what you approve, and think carefully before enabling agent approval.

5. Acceptable use

The service is for personal, relationship-based outreach sent in modest volumes. It is not for bulk mail or newsletters. When you use it, you agree that you will:

• not send unsolicited bulk mail or spam, and not use the service for newsletters or mass marketing;
• comply with the anti-spam and privacy laws that apply to you and your recipients, for example CAN-SPAM in the United States, GDPR and UK GDPR, and PECR and the ePrivacy rules in the UK and EU;
• have a lawful basis for emailing every recipient, and keep the records that show it;
• honour unsubscribe requests and not email anyone who has opted out;
• not send content that is illegal, deceptive, misleading about who you are, or harmful, including phishing, malware, harassment and fraud;
• not try to get around sending limits, validation, the suppression list or other safeguards; and
• follow Microsoft's terms and policies, and the policies of your own organisation, for the mailbox you connect.

If you are unsure whether a campaign is allowed, ask us before you send it.

6. Your content and data

You own your content, including your templates, recipient lists and campaign data. You give us a limited licence to host, process and send that content, only so we can provide the service to you.

We handle personal data as described in our Privacy Policy. You are responsible for having the right to give us your recipients' details and for telling them how you use them.

We access your mailbox through delegated Microsoft permissions that you grant when you sign in. We use them to create scheduled drafts, send messages, and detect bounces and replies. We do not store the content of replies. You can revoke the permissions at any time from your Microsoft account. If you do, the service will stop working for that mailbox.

7. Microsoft 365 and other third parties

We are independent of Microsoft. We are not affiliated with, endorsed by or sponsored by Microsoft. Microsoft 365 and related names are trademarks of Microsoft.

The service depends on Microsoft and on other third-party services. Their availability, sending limits, filtering and policy decisions are outside our control. Microsoft may delay, filter or block your mail, or restrict your mailbox, and we are not responsible for that.

8. Trial and fees

Free trial

Signing up starts a free 7-day trial with Team features. The whole account shares an allowance of 100 emails. After day 7, unsent scheduled drafts are deleted and the account becomes read-only until you choose a plan. If you have not chosen a plan by day 37, the account and its data are deleted, including the suppression list. We keep only a hash of your Microsoft tenant ID, to record that the trial was used.

Fees

Before payments go live, a plan you choose may be active at no charge. We will give you notice and a deadline before we start charging, and you can cancel before then. Once payments are live, the fees are the ones shown when you purchase, and our payment provider may act as the seller. Fees exclude taxes, which you are responsible for unless we say otherwise. If we change our prices or plans, we will give you notice before the change applies to you, and you can cancel before it does.

9. Suspension and termination

You can stop using the service and close your account at any time. We can end this agreement by giving you notice.

We may suspend or limit your access straight away if you break these terms, or if we reasonably believe your use puts the service, your recipients or the deliverability of other users' mail at risk. Where we reasonably can, we will tell you why and give you a chance to fix the problem.

When the agreement ends, we will delete your account data within 30 days, except where the law requires us to keep it. Campaign personal data is also deleted earlier, under your account's retention setting. A minimal record, such as the hash of your Microsoft tenant ID, may remain. The Privacy Policy has the retention details. Sections that by their nature should continue to apply, such as 10 to 12 and 14, will continue after the agreement ends.

10. Disclaimers

The service is provided "as is" and "as available". To the fullest extent the law allows, we do not make any warranties, express or implied, including about fitness for a particular purpose, accuracy, uninterrupted or error-free operation, or that your messages will be delivered, opened or answered. We do not give legal advice, and using the service does not make your campaigns compliant.

Nothing in these terms limits any rights you have under the law that cannot be limited.

11. Limitation of liability

To the fullest extent the law allows, we are not liable for indirect, incidental, special or consequential losses, or for lost profits, revenue, goodwill or data, even if we were told they were possible.

Our total liability to you for all claims relating to the service is limited to the fees you paid us in the 12 months before the event that gave rise to the claim.

Nothing in these terms limits liability that cannot be limited by law, such as liability for fraud, or for death or personal injury caused by negligence.

12. Indemnity

You will defend and compensate us against claims, losses and costs (including reasonable legal fees) that arise from your content, from campaigns sent under your account, or from your breach of these terms or violation of the law. We will tell you promptly about any claim and let you take part in dealing with it.

13. Changes to these terms

We may update these terms. If a change is material, we will give you notice, by email or in the app, at least 30 days before it takes effect. If you keep using the service after that date, you accept the new terms. If you do not, you can close your account before then.

14. Governing law

These terms are governed by the laws of Austria, excluding its conflict-of-laws rules and the UN Convention on Contracts for the International Sale of Goods. Any dispute will be handled by the courts of Vienna, Austria, unless the law where you live gives you the right to bring a claim somewhere else.

15. Contact

Questions about these terms? Email us at [email protected], or write to Alexander Duggleby, Marxergasse 24/2, 1030 Vienna, Austria.