Terms of Service

1. Application

These Terms of Service apply to the Customer's use of Better's centralised server-based software services. Modifications only apply if Better accepts them in writing.

2. The Services

Better provides server-based software with sub-services and options. Better delivers the software services ("Services") and may provide additional services ("Additional Services") subject to separate agreements.

Payment entitles the Customer to use the Services during the agreement period. Better may modify the Services without prior consent, provided such changes do not materially limit the Customer's usage.

The Services are provided without guarantee of accuracy or outcome, and the Customer bears the risk of their use. The Customer warrants that its IT systems meet the minimum specifications for the Services.

3. Availability

The Services are intended to be available around the clock. Better commits to a monthly uptime of 99.9%, measured per calendar month and excluding announced maintenance windows. Support hours, response times by severity and how uptime is measured are set out in the Enterprise Service Level Agreement. Current and historical availability is published at status.better.email.

The 99.9% commitment covers the core services: signing in, creating and editing campaigns, and exporting campaigns. Betty AI and email client previews rely on third-party providers and are not included in the measurement.

Scheduled maintenance is performed, wherever possible, between 22:00 and 07:00 CET on weekdays (until 08:00 on Mondays) and is announced at least 5 business days in advance on status.better.email. Emergency security maintenance may be performed with shorter or no notice.

If monthly uptime falls below 99.9%, you may request within 30 days a service credit of 5% of that month's fees; below 99.0%, 10%. Credits are applied to the next invoice and are the sole financial remedy for downtime.

4. Stored data

Better Email takes daily backups with a 24-hour recovery point objective and a 4-hour recovery time objective. Backups are not archived beyond the daily cycle. Restores needed because of a Customer error may be charged. Audit logs are kept for 30 days.

During the contract, uploaded assets that have not been accessed for 2 years may be archived after notice to the account admin. After the contract ends, images already hosted by Better Email and referenced in emails you have sent continue to be served for 3 years so that those emails keep rendering, unless you ask for earlier deletion. All other customer content is deleted 3 months after the end of the contract unless you request earlier deletion or return.

5. User accounts

The Customer receives an admin account and creates its own user accounts. The Customer must protect user credentials and notify Better of any suspected compromise.

6. Use of the Services

The Services may be used only for their intended purpose as configured by Better. Usage guidelines are available in the platform's "Learn" tab and may be updated. Unauthorised use is a material breach and may lead to suspension or termination.

7. Compliance with legislation

The Customer must comply with applicable law, including marketing and advertising law. Any advice Better gives is without warranty, and the Customer remains responsible for its own compliance. The Customer must obtain the consents needed for its use of the Services.

8. Data Processing Agreement

Better acts as a data processor under relevant data protection legislation. Our standalone Data Processing Agreement applies to all customers as part of these terms and prevails over this section where the two overlap. Both parties comply with applicable data protection laws.

Better processes personal data to deliver the Services, on the basis of the agreement and the Customer's instructions. Both parties implement appropriate technical and organisational measures. Better assists the Customer with its compliance obligations and audits under GDPR Article 28.

Customer data is stored primarily within the EU/EEA. Sub-processors outside the EU/EEA process data under the Standard Contractual Clauses (SCCs) and, where applicable, the UK International Data Transfer Addendum. The current sub-processors and their processing locations are listed on our Sub-Processors page. The Customer can request an export of personal data, delivered within 7 working days. Data is deleted 3 months after termination unless the Customer instructs otherwise.

Where United States state privacy laws apply, Better Email acts as a service provider or processor, does not sell or share personal information, and uses it only to provide the Services. See the US annex to the DPA.

9. Support

Standard Support is included in every subscription: email support on business days between 09:00 and 17:00 CET, a named contact at Better Email, and a target of responding within one business day. Enterprise Support, where included in an Order Form, is described in the SLA.

10. Betty and AI features

Betty and other AI features generate drafts, code, translations and suggestions based on your instructions and your design system. Output is generated automatically and can contain errors; you review and approve it before use, and preflight checks help with that.

AI features use foundation models from the providers on our sub-processor list, currently Anthropic and OpenAI. Those providers are contractually prohibited from training on your content and retain requests for no more than 30 days for abuse monitoring. You can disable AI features at any time or connect your own provider account in a region of your choice. Output generated for you is your content. We do not use your content to train AI models.

11. Grant of licence

The Customer receives a non-exclusive, non-transferable licence to use the Services and client software. The licence grants a right of use only and transfers no ownership. Better may disable the Services for non-compliance or non-payment.

12. Other restrictions

The Customer may not assign, rent, sell or reverse-engineer the software without written consent. Limited decompilation is permitted only after a written request and a reasonable waiting period.

13. Term and termination

The agreement begins on acceptance and renews annually unless either party gives notice at least 60 days before the end of the term. On termination the Customer must stop using the Services and confirm that it has done so.

Prices are fixed for the initial term. At renewal we may adjust prices with at least 90 days' notice, by no more than consumer price inflation and never by more than 5% in a year.

If an invoice remains unpaid 30 days after we have given written notice that it is overdue, we may suspend access until it is paid. We may suspend access immediately only where use of the Services creates a security risk, and we tell you at the same time.

14. Limited warranty

The Customer acknowledges that the Services may not meet all of its needs. Better does not warrant error-free operation. The Customer bears the risk of the Services being disabled under these terms.

15. Customer remedies

The remedy for a material defect is limited to replacement or a partial refund, at Better's discretion.

16. No warranties

All implied warranties are disclaimed, including fitness for particular purpose.

17. Limitation of liability

Liability is capped at the fees paid or payable in the 12 months before the event giving rise to the claim. The reasonable cost of restoring content lost through our breach counts as direct loss within that cap. Neither party is liable for indirect or consequential loss.

18. Third party rights

Better defends the Customer against claims that its own Services infringe intellectual property rights, provided the Customer notifies Better promptly and cooperates. Better is not liable for third-party software or for combinations with it. If an infringement is found, Better may obtain the necessary rights, replace the Services or refund fees.

19. Assignment

Better may use subcontractors. The Customer may not assign this agreement without consent.

20. Governing law and dispute resolution

Danish law governs this agreement. Disputes are settled by the City Court of Copenhagen or the Maritime and Commercial Court. Better may bring proceedings in that venue for breach or unpaid fees.

Contact

Questions about these terms: hello@better.email. Better Email ApS, CVR 42361194, Italiensvej 2, 5th, 2300 København S, Denmark, +45 42 48 38 28.