These terms govern your use of the transactional email platform operated by Pavel Buchta ("we", "us", "our"). By creating an account, using the service, or agreeing to these terms (e.g. by click-through or account creation), you accept them. Our services are offered for business customers only.
The contract is between you (the customer) and Pavel Buchta, with its registered office at Mattioliho 3272/9, Záběhlice, 106 00, Prague 10, Czechia, company ID (IČO) 12345678.
You accept these terms by creating an account, completing a sign-up or order flow that references these terms, or by using the service after having been informed of them. If you are acting on behalf of an organization, you represent that you have authority to bind that organization.
Noketa is a transactional email sending platform. We provide infrastructure, APIs, and tools for you to send, manage, and monitor email delivery. The specific features, limits, and pricing depend on your plan and are described on our website and in your account.
You must provide accurate information when registering and keep your account details and credentials secure. You are responsible for all activity that occurs under your account and for ensuring that your use of the service complies with applicable law and these terms.
Fees for your plan are as set out on our pricing page and in your account. Payment is processed by our payment provider, Stripe. You agree to their terms where applicable to the payment transaction. Billing is recurring according to your chosen cycle (e.g. monthly or annually) until you cancel or we terminate.
We may change pricing or plan features with reasonable notice. Continued use after the change constitutes acceptance unless you cancel. Except where mandatory law requires otherwise, fees are non-refundable and non-creditable. For business customers, no statutory right of withdrawal applies (see below).
Our service is offered solely to business customers (B2B), not to consumers. If you are acting in a professional or business capacity, the consumer withdrawal rights under the EU Consumer Rights Directive or the Czech Consumer Protection Act do not apply to this contract. By using the service you confirm that you are contracting in a business capacity.
You must comply with our Acceptable Use Policy, which forms part of these terms. It is available at https://noketa.io/aup. You may not use the service for spam, phishing, scams, malware, illegal content, unsolicited bulk email, or in breach of applicable law (e.g. CAN-SPAM or GDPR obligations that apply to you as the sender). We may suspend or terminate your access for violations of the Acceptable Use Policy.
We strive to maintain high availability but do not guarantee any specific uptime or availability level. The service is provided "as is" in that regard. We may perform maintenance, updates, or make changes with reasonable notice where feasible. We are not liable for unavailability except where required by mandatory law.
You retain all rights to your data, including the content of your emails and recipient information. You grant us the rights necessary to operate the service (e.g. to transmit, store, and process your data on your behalf). We own the platform, software, and our brand; nothing in these terms transfers our intellectual property to you.
To the fullest extent permitted by applicable law, we exclude liability for indirect, consequential, incidental, or punitive damages, and for loss of profit, revenue, data, or business opportunity. Our total liability for any claims arising out of or related to the service is limited to the fees you paid to us in the twelve months preceding the claim. These limitations apply whether liability is asserted in contract, tort, or otherwise. Nothing in these terms excludes or limits our liability for death or personal injury caused by our negligence, fraud, or where such exclusion is not permitted by mandatory law.
You may cancel your account or plan at any time in accordance with the account or billing settings. We may suspend or terminate your access immediately if you breach these terms or our Acceptable Use Policy, or for other serious reasons such as non-payment or legal or regulatory requirements. Upon termination, your right to use the service ceases. We may retain and use data as needed for legitimate purposes (e.g. disputes, legal compliance) in line with our Privacy Policy.
To the fullest extent permitted by law, we may also suspend, limit, or terminate access where we reasonably believe your account, content, or activity is harmful, abusive, fraudulent, deceptive, risky to our users or infrastructure, or otherwise inconsistent with the intended use of the service, even if we have not yet confirmed a formal breach.
These terms are governed by Czech law. Any disputes shall be submitted to the exclusive jurisdiction of the courts of the Czech Republic.
For questions about these terms, contact us at hello@noketa.io or support@noketa.io.
This Terms of Service was last updated on 2025-03-15. We may update it from time to time; the current version is always available on this page. Continued use after changes constitutes acceptance of the updated terms.