Terms of Service

1. Acceptance of Terms

By accessing or using Truncus (“Service”), you agree to be bound by these Terms of Service. If you do not agree, you may not use the Service.

2. Service Description

Truncus is a transactional email delivery API. It is designed exclusively for transactional messages — order confirmations, receipts, password resets, account notifications, invoices, and system alerts. It is not a marketing email platform. Using Truncus for marketing, promotional, or newsletter email is a violation of these Terms.

We may update, modify, suspend, or discontinue any part of the Service with reasonable notice. Where a feature you actively use is discontinued, you are entitled to a pro-rated refund for the remaining period of your subscription.

3. Acceptable Use

The Service is for transactional email only. You agree not to use Truncus for marketing, spam, bulk promotional content, or any use listed in our Acceptable Use Policy.

Key prohibitions include:

• Marketing emails, newsletters, or bulk promotional content
• Spam or unsolicited emails
• Emails to purchased, rented, or harvested lists
• Content that is illegal, harmful, or violates third-party rights
• Phishing, spoofing, or impersonation
• Circumventing rate limits or usage restrictions
• Sharing API keys or allowing unauthorized access

Violation results in immediate suspension or termination without refund. See the full Acceptable Use Policy for complete rules and enforcement thresholds.

4. Sender Reputation

Truncus operates shared sending infrastructure. The deliverability of every customer depends on the collective behavior of all senders. Accordingly:

• Accounts with spam complaint rates exceeding 2% in any 7-day window are subject to immediate review and suspension
• Accounts with bounce rates exceeding 10% in any 7-day window are subject to review
• Volume spikes exceeding 10× your normal baseline may trigger automated throttling

These thresholds are non-negotiable and are not subject to SLA credits. Truncus reserves the right to suspend any account that damages shared sending infrastructure, regardless of intent.

5. Payments & Refunds

Paid plans are billed in advance on a monthly or annual basis.

• Monthly plans: No partial refunds. Cancel anytime; access continues until end of billing period.
• Annual plans: Pro-rated refund for unused full months, available within 60 days of payment.
• Feature discontinuation: If Truncus discontinues a feature you actively use, you are entitled to a pro-rated refund for the remaining subscription period.
• AUP violations: No refunds for accounts suspended or terminated due to Acceptable Use Policy violations.

6. Rate Limits & Quotas

Usage is subject to rate limits and quotas based on your subscription tier. Exceeding limits results in HTTP 429 responses with retry-after headers.

New domains are subject to warm-up periods starting at 500 emails/day, increasing automatically over 5 days.

7. Service Level Agreement

We offer a 99.5% monthly API uptime commitment and a delivery speed SLA. Credit schedules and claim procedures are detailed in our Service Level Agreement. SLA credits do not apply to accounts suspended for AUP violations.

8. Data Processing

Truncus acts as a data processor under GDPR Article 28. We process email addresses and message content solely to deliver emails on your behalf. EU customers sending to EU data subjects should review and accept our Data Processing Agreement. Enterprise customers requiring a countersigned DPA should contact legal@truncus.co.

9. Limitation of Liability

To the maximum extent permitted by law, Van Moose BV shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including:

• Loss of profits, revenue, or data
• Email delivery failures or delays caused by recipient mail servers or spam filters
• Business interruption
• Unauthorized access to or alteration of data

Our total liability shall not exceed the amount paid by you in the twelve (12) months preceding the claim, or one hundred euros (€100), whichever is lower.

10. Disclaimer of Warranties

While we offer an uptime SLA, certain elements remain outside our control. The following are not guaranteed:

• Delivery to a specific recipient's inbox (depends on recipient mail server and spam filters)
• Merchantability or fitness for a particular purpose
• Error-free operation under all conditions

11. Termination

We may suspend or terminate your access for violation of these Terms, AUP violations, abuse, or for operational reasons. You may stop using the Service at any time. Refund eligibility follows Section 5.

12. Indemnification

You agree to indemnify and hold harmless Van Moose BV from any claims, damages, losses, or expenses arising from your use of the Service, the content of emails you send, or violation of these Terms.

13. Privacy

Use of the Service is subject to our Privacy Policy. We process personal data in accordance with GDPR.

14. Governing Law

These Terms are governed by the laws of the Netherlands. Any disputes shall be submitted exclusively to the courts of Amsterdam, Netherlands.

15. Changes to Terms

We may update these Terms from time to time. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.