Terms

§ 1 Scope and provider

(1) These terms and conditions apply to all agreements on the use of FABULOUS EMAIL (the “service”) between FABULOUS CODE UG (haftungsbeschränkt), Conventstraße 15, 22089 Hamburg, Germany (“we”) and its users (“you”).

(2) Conflicting terms of users do not apply, even if we do not expressly object to them.

(3) The service is intended for people aged 16 and over. Anyone younger may not use the service.

§ 2 Services

(1) FABULOUS EMAIL is an email client. It lets you connect existing mailboxes you hold with third parties (e.g. IONOS, Namecheap, Google) via IMAP and SMTP and use them to read, organise and send email. We do not provide mailboxes or email addresses ourselves.

(2) Your emails are stored by your respective email provider. Your email provider is responsible for the availability, security and backup of your mailboxes. We have no influence over this.

(3) We strive for high availability of the service but do not guarantee any particular availability. Maintenance, disruptions at third parties (e.g. mail servers or hosting providers) and force majeure may cause interruptions.

(4) We may develop the service further and change, add or discontinue features, provided this is reasonable for you. We will inform you of significant restrictions in good time beforehand.

(5) Optional features such as the AI assistant use third-party services (e.g. OpenAI or Anthropic) with an API key you add yourself. The terms of the respective provider, with whom you have your own agreement, also apply to this use. AI suggestions can be wrong. Check them before sending. You are responsible for every email you send.

§ 3 Registration and account

(1) You need an account to use the service. The usage agreement is concluded when you complete registration and accept these terms. There is no entitlement to conclude an agreement.

(2) The information you provide when registering must be true and complete. An account is personal and may not be passed on to others.

(3) Keep your login details secret and protect them from access by third parties. We strongly recommend two-factor authentication. Tell us immediately if you suspect misuse of your account.

(4) You may only connect mailboxes you are authorised to use, meaning your own mailboxes or those whose owner has allowed you to use them.

§ 4 Pricing and future paid services

(1) The service is currently free of charge.

(2) We reserve the right to offer the service or individual features only for a fee in the future or to introduce paid plans. You only incur costs for paid services if you expressly book them separately. Supplementary terms, which we will provide before booking, then apply.

(3) If previously free features become paid or the free scope is reduced, we will inform you by email at least six weeks in advance. You can then choose to book a paid service, keep using the service within the remaining free scope, or delete your account. You will never have to pay without expressly booking.

§ 5 Acceptable use

(1) You may only use the service in accordance with applicable law and these terms. In particular, you must not

• send unsolicited bulk or advertising emails (spam),
• engage in phishing, fraud, impersonation or any other deception,
• distribute malware, viruses or other harmful content,
• send unlawful content, in particular content that infringes personal rights, copyrights or trademarks, or is insulting, inciting hatred, harmful to minors or criminal,
• access mailboxes or data you are not authorised to access,
• attack, probe, overload or circumvent the service, its security mechanisms or third-party systems,
• use the service in an automated way beyond normal personal use, or copy, decompile or resell it without our consent,
• breach the terms of use of your email provider.

(2) You indemnify us against all third-party claims asserted against us because of unlawful use of the service for which you are responsible, including reasonable legal defence costs.

§ 6 Suspension, term and termination

(1) We may suspend your account temporarily or permanently, block content or restrict individual features if

• there are specific indications that you are violating these terms or applicable law,
• this is necessary to protect the service, other users or third parties, for example in the event of a security incident or a suspected compromised account,
• we are legally or officially required to do so.

When choosing the measure, we take your legitimate interests into account. Where possible and reasonable, we will inform you of the suspension and the reason for it.

(2) The usage agreement runs for an indefinite period. You can end it at any time without notice by deleting your account in the settings.

(3) We may terminate the agreement for free use with two weeks’ notice by email.

(4) The right of both parties to terminate without notice for good cause remains unaffected. Good cause exists for us in particular in the event of serious or repeated violations of § 5.

(5) When the agreement ends, we delete your account and the data stored with us in accordance with the privacy policy. Your emails at your email provider remain unaffected.

§ 7 Liability

(1) We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act and to the extent of any guarantee given.

(2) As long as you use the service free of charge, our liability is otherwise excluded. For paid services, in the event of slightly negligent breach of essential contractual obligations (obligations whose fulfilment makes the proper performance of the agreement possible in the first place and on whose compliance you may regularly rely), our liability is limited to the typical, foreseeable damage.

(3) We are not liable for the content of emails, for the availability or behaviour of mail servers and other third-party services, or for results of the AI assistant, unless we are responsible for them under paragraph 1.

(4) We are only liable for loss of data to the extent that would have occurred with regular and appropriate backups by you or your email provider.

(5) The above limitations also apply in favour of our legal representatives, employees and vicarious agents.

§ 8 Rights to the service

All rights to the software, design and trademarks of FABULOUS EMAIL remain with us. For the duration of the agreement you receive a simple, non-transferable right to use the service as intended.

§ 9 Data protection

How we process personal data is explained in our privacy policy.

§ 10 Changes to these terms

(1) We may change these terms if the law, case law or the service changes or new features are introduced.

(2) We will inform you of changes in good time beforehand. Changed terms only take effect once you accept them. Acceptance is given expressly, for example the next time you sign in. If you do not accept, the previous terms continue to apply. In that case, both parties may terminate the agreement in accordance with § 6.

§ 11 Final provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, this choice of law only applies insofar as it does not deprive you of the protection of mandatory provisions of the country in which you have your habitual residence.

(2) If you are a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction is Hamburg.

(3) We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.

(4) Should individual provisions of these terms be invalid, the validity of the remaining provisions remains unaffected. The statutory provisions take the place of the invalid provision.

Last updated: 6 November 2026