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 an email execution layer for transactional email — order confirmations, receipts, password resets, account notifications, invoices, and system alerts.

Cold outreach, prospecting, purchased or rented lists, and marketing campaigns are not permitted. Bulk unsolicited marketing, newsletters, and promotional broadcasts are prohibited. See our Acceptable Use Policy for full details and enforcement thresholds.

We may update, modify, suspend, or discontinue any part of the Service with reasonable notice.

3. Acceptable Use

You agree not to use Truncus for spam, bulk unsolicited marketing, newsletters, or any use listed in our Acceptable Use Policy.

Key prohibitions include:

• Bulk unsolicited marketing, newsletters, or promotional broadcasts
• Spam or unsolicited emails
• Emails to purchased, rented, traded or shared lists, or to addresses guessed from naming patterns
• 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:

• Sending domains are automatically stopped or paused when their bounce or complaint rates exceed the limits set out in the Acceptable Use Policy, and accounts whose domains repeatedly exceed them are subject to review and suspension
• Volume spikes exceeding 10× your normal baseline may trigger automated throttling

The limits set out in the Acceptable Use Policy 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

Truncus is offered to businesses and professional users only. By subscribing you confirm that you are acting in the course of a trade, business or profession and that consumer withdrawal rights do not apply.

Paid plans are billed in advance, monthly or annually, and are non-refundable. You can cancel at any time from your billing settings; your plan stays active until the end of the period you have paid for, and you are not charged again.

The only exception: if we discontinue the Truncus service as a whole before the end of a period you have paid for, we refund the unused part of that period pro rata.

Accounts suspended or terminated for violating the Acceptable Use Policy are not refunded. Where we choose to refund such an account anyway, that is a courtesy, not an entitlement.

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.

Each sending domain has a fixed daily sending limit, 500 emails per day by default. The limit does not increase automatically; contact us if you need a higher limit.

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 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 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.