EmailFlow OS — a service of digifynow · Last updated: July 2026
(1) These Terms of Service (the “Terms”) govern your use of the software-as-a-service platform “EmailFlow OS” (the “Service”), provided by DigifyNow GbR, Grenzweg 9a, 57648 Unnau, Germany, represented by its managing partners Jesper Schmidt and Christian Schiebel (the “Provider,” “we,” or “us”), by you (the “Customer” or “you”).
(2) The Service is a business-to-business (B2B) offering intended solely for business and professional users. It is not directed to consumers. By registering for an account, you represent and warrant that you are acting on behalf of a business and in the course of a commercial or professional activity, and that you are authorized to bind that business to these Terms.
(3) Any conflicting or additional terms proposed by the Customer do not become part of the agreement unless we expressly agree to them in writing.
(1) The Provider makes available a platform with which the Customer can create, personalize, manage, and track video-email outreach campaigns. This includes, among other things, importing leads, AI-assisted drafting of email copy, the generation of personalized videos through third-party providers, and tracking and analytics.
(2) Sending runs exclusively through the Customer’s own connected email-sending account (for example, Brevo) and the Customer’s own domain. The Provider is not the sender of the emails, does not transmit them on its own behalf, and does not appear as the sender. The Service is a neutral technical platform that the Customer operates using the Customer’s own sending infrastructure.
(3) The Provider owes the provision of the platform, but does not owe or guarantee any particular commercial outcome (such as reply, open, delivery, or conversion rates).
(1) Because all emails are sent through the Customer’s own account and domain, the Customer is the sender under applicable law and must comply with the U.S. CAN-SPAM Act of 2003 (15 U.S.C. § 7701 et seq.) and all other applicable federal, state, and local laws in connection with every message sent using the Service.
(2) In particular, and without limitation, the Customer must ensure that each commercial email message:
(3) The Customer must only email business recipients that the Customer is lawfully permitted to contact, must honor all opt-out and unsubscribe requests, and must maintain and respect suppression lists. The Customer must not use the Service to transmit spam, deceptive, harassing, fraudulent, infringing, or otherwise unlawful content, or to send messages to recipients from whom consent or a lawful basis is required but absent.
(4) The Provider does not review, approve, or monitor the Customer’s content, recipient lists, or sending practices and is under no obligation to do so.
(1) The Customer is solely responsible for the legality of its emails, including the content, subject matter, and framing of each message; for its selection, sourcing, and use of recipients and recipient data; for obtaining any required consent or lawful basis; and for compliance with all applicable laws.
(2) The Customer agrees to indemnify, defend, and hold harmless EmailFlow OS and digifynow, and their affiliates, officers, employees, and agents, from and against any and all third-party claims, demands, proceedings, losses, liabilities, damages, fines, penalties, and costs (including reasonable attorneys’ fees and reasonable costs of defense) arising out of or relating to the Customer’s use of the Service, the Customer’s emails or recipients, the Customer’s data sourcing or content, or the Customer’s breach of these Terms or of applicable law.
(1) The Customer represents and warrants that it has all rights, permissions, and lawful bases necessary to upload and use the recipient and lead data it provides to the Service, and that such use does not violate any law or the rights of any third party.
(2) The Provider processes recipient and lead data only to operate the Customer’s campaigns on the Customer’s behalf and in accordance with the Customer’s instructions. Further details are set out in our Privacy Policy.
(1) The Service uses a credit model. 1 credit corresponds to one personalized video of up to 2 minutes in length; longer videos consume proportionally more credits. Applicable prices and the current credit model are shown within the Service.
(2) New accounts may receive free trial credits. Paid subscriptions are billed monthly in advance and may be canceled on a monthly basis through the customer portal. Payments are processed by a third-party payment processor (Stripe); the Provider does not store full payment-card details.
The Provider uses reasonable efforts to maintain a high level of availability but does not guarantee uninterrupted or error-free operation. Maintenance, disruptions at third-party providers (email sending, video, AI, and hosting), and events beyond our reasonable control may temporarily limit availability. The Service depends on third-party dependencies, and their availability is outside the Provider’s control.
(1) To the fullest extent permitted by applicable law, the Service is provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
(2) The Provider is not responsible or liable for the content, legality, accuracy, or deliverability of the emails the Customer sends, for the Customer’s recipients or data, or for the acts or omissions of third-party providers.
(3) To the fullest extent permitted by applicable law, the Provider shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or relating to the Service. To the extent liability cannot be excluded, it is limited to the maximum extent permitted by law.
The Provider may suspend, restrict, or terminate access to the Service, in whole or in part, with or without prior notice, if it reasonably believes that the account is being used for abuse, spam, unlawful activity, or in a manner that generates spam complaints or threatens the security, integrity, or reputation of the Service or its third-party providers, or that otherwise breaches these Terms.
(1) The Provider may update or modify these Terms with effect for the future. We will notify the Customer of material changes by appropriate means; continued use of the Service after changes take effect constitutes acceptance of the updated Terms.
(2) Governing law and venue. These Terms and any dispute arising out of or in connection with the Service are governed by the laws of the Federal Republic of Germany, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods (CISG). As the Service is a strictly B2B offering, the exclusive place of jurisdiction is the Provider’s registered seat in Germany, to the extent permitted by applicable law. Mandatory consumer-protection rules are not affected, as the Service is not offered to consumers.
(3) If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions remain in full force and effect. These Terms constitute the entire agreement between the parties regarding the Service and supersede any prior understandings on that subject.