Terms
Who you are dealing with, and what each side is answerable for
Written to be read. The binding version is the agreement you accept when you create an account; this page says the same things in the order somebody would actually want them, and nothing here is meant to surprise you later.
Who we are
ClickSomo is operated by Castomo prosta spółka akcyjna, ul. Powstańców Śląskich 5/212, 53-332 Wrocław, Poland. Registered in the National Court Register under KRS 0001188843 by the District Court for Wrocław-Fabryczna in Wrocław, VI Commercial Division. NIP 8993033031, REGON 542471636, kapitał akcyjny 100 000,00 zł. Contact: hello@castomo.com.
Polish law governs the agreement. If you are a business, disputes go to the court with jurisdiction over our registered seat; if you are a consumer, your own statutory rights and forum are unaffected by anything here.
What you are getting
A hosted service for holding a mailing list, building automations over it, and sending messages through your sending arrangements. Access is by a castomo account, which is the same account across the family.
The service is provided as it is described on this site and in the API documentation at /docs. We may add to it and improve it; if we remove something you depend on, we will tell you before we do rather than after.
What is yours
Your contacts, your consent records, your creatives, your funnel definitions, your reports and your event history are yours. You can export all of it through the API at any time, in a format that is useful rather than technically compliant.
We do not use your contacts or your content to train anything, we do not sell data to anybody, and we do not use one customer's data to improve another customer's results.
- 1YoursContacts, consent, creatives, funnels, events, reports. Exportable, always.
- 2OursThe software, the engine, the schemas, the documentation and the name.
- 3Your provider'sDelivery itself, and the reputation it runs on — because you brought it.
- iLeavingExport everything and close the account. Nothing is held hostage, and there is nothing here you cannot take with you.
No training on your dataNo sale of data
Your side of it
What you are promising about the people you write to
This is the part that matters most, and it is short. Everything else on this page is ordinary; this is the bit worth reading twice.
You have a lawful basis
For every contact and every channel you send on. The consent ledger records what you asserted and the evidence for it; asserting something untrue is a breach of these terms as well as of the law, and it is your assertion rather than ours.
You are the controller
You decide why your contacts are there and what happens to them. We process on your instructions under a data processing agreement, and we act on erasure and export requests you pass to us.
You own your sending
Messages leave through your mailbox or your provider account, on your domain, under your relationship with them. Their terms apply to that sending as well as ours, and the deliverability consequences of what you send are yours.
You do not send certain things
No purchased or scraped lists presented as consented. No content that is unlawful where it is received. Nothing designed to deceive the recipient about who sent it. These are the ordinary limits and we enforce them.
If complaint or bounce rates from an account breach the thresholds a responsible sender would watch, it is throttled — automatically, and before a provider does something less reversible. We will tell you when that happens and why.
Where our responsibility ends
We are responsible for the engine: that a run advances correctly, that effects and advance commit together, that suppression is checked at send, that your data is scoped to you, and that the service is available and behaves as documented.
We are not responsible for whether a message arrives in an inbox rather than a spam folder. That depends on your sending domain, your provider, your content and your list — which is the direct consequence of you owning your sending, and it is the same trade the whole product is built on.
Nor are we responsible for what a funnel you built decides to do. The validator refuses graphs that are structurally broken; it cannot tell you that sending the third reminder was a bad idea.
Billing
Priced on contacts held, channels enabled and AI generations used. Per-unit channel costs are passed through and are visible before you send. There is no charge for e-mail volume, because we do not carry it. Payment is through the shared castomo wallet, and the terms of it are the family's rather than this product's.
- 1UptimeMonitored continuously. Incidents are reported rather than quietly absorbed.
- 2Breaking changesThe API is versioned. A breaking change gets a new version, not a surprise.
- 3RemovalsAnnounced before, not after. Nothing you built disappears without notice.
- 4SuspensionOnly for the reasons above, and always with a reason you are told.
Documented behaviour is the contract
Liability, in the usual shape
To the extent the law allows, our liability is limited to the fees you paid in the twelve months before the claim, and we are not liable for indirect or consequential loss — lost profit, lost opportunity, the campaign that did not work. Nothing here limits liability for anything that cannot lawfully be limited, including intentional harm and, for consumers, your statutory rights.
Either side may end the agreement. If you end it, export your data first — we will keep it available for a reasonable period afterwards and then delete it. If we end it for a reason other than a breach on your side, you get a refund of the unused period.
Plainly: we run the engine, you run the marketing, your provider carries the mail. Nothing on this page is an attempt to move a risk from one of those to another, and if a clause in the binding agreement reads as though it does, tell us — that would be a drafting error and not a position.