Legal & Compliance

Terms of Service

Last updated: March 10, 2026

These Terms of Service govern your use of the MarketLyft platform operated by Spotling Sp. z o.o. Please read them carefully before using the Service.

§ 1. Definitions

The following terms used in these Terms of Service have the meanings set out below:

  1. Service Provider — Spotling Sp. z o.o., ul. Zbożowa 4A/2p, 70-653 Szczecin, Poland, Tax ID (NIP): 8513173879, registered in the National Court Register (KRS).
  2. Service / Platform — the MarketLyft platform available at marketlyft.app, together with all accompanying infrastructure.
  3. Client / Customer — a natural person, legal entity or organisational unit without legal personality that has entered into an agreement with the Service Provider for the provision of the Services.
  4. User — a natural person using the Service on behalf of or for the benefit of the Client.
  5. Account — the set of resources and permissions assigned to the Client upon registration, accessible after login.
  6. Services — electronic services provided by the Service Provider through the Platform, in particular the email marketing automation platform with dedicated infrastructure.
  7. Subscription Plan — the package of Services selected by the Client, defining the scope of features and usage limits.
  8. Mautic Instance — a dedicated marketing automation environment assigned individually to a Client's Project and operated on the Service Provider's servers.
  9. Project — a separate workspace within the Service corresponding to one domain or brand of the Client, to which a Mautic Instance is assigned.
  10. Personal Data — information within the meaning of the GDPR relating to identified or identifiable natural persons.
  11. GDPR — Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data.
  12. Business Day — any day of the week from Monday to Friday, excluding Polish public holidays.

§ 2. General Provisions

  1. These Terms of Service constitute an integral part of the agreement for the provision of Services concluded between the Service Provider and the Client.
  2. Using the Service is deemed acceptance of these Terms in their entirety. If the Client does not accept the Terms, they must cease using the Service.
  3. The Service Provider provides the Services within the European Economic Area and in other countries, unless legal restrictions apply.
  4. Matters not regulated by these Terms are governed by Polish law, in particular the Civil Code and the Act of 18 July 2002 on the provision of electronic services.
  5. All communications between the Service Provider and the Client shall be conducted in Polish or English, via the email address provided by the Client during registration.

§ 3. Registration and Conclusion of Agreement

  1. Registration in the Service is voluntary and free of charge. An Account is created by completing the registration form available at marketlyft.app/register.
  2. The Client is required to provide true, current and complete information in the registration form and to update it promptly whenever changes occur.
  3. The agreement for the provision of Services is concluded upon the Service Provider's confirmation of the Account registration, effected by sending a confirmation message to the Client's email address.
  4. Registration requires email address verification by clicking an activation link sent by the Service Provider. The link is valid for 24 hours from the time it is sent.
  5. The Client may register one Account. Creating multiple Accounts to circumvent plan limits or Service policies is prohibited and constitutes grounds for blocking all associated Accounts.
  6. A Client that is a legal entity or organisational unit represents that the person carrying out registration is authorised to act on its behalf.

§ 4. Scope and Description of Services

  1. MarketLyft is a SaaS platform for email marketing and campaign automation. Each Client Project receives a dedicated Mautic Instance running in an isolated Docker container on the Service Provider's servers.
  2. The Services include in particular:
    • creation and management of email marketing Projects;
    • deployment and maintenance of a dedicated Mautic Instance on the Client's subdomain (format: name.marketlyft.app);
    • management of contact lists, segments, campaigns and automations;
    • a Client administration panel accessible via a web browser;
    • technical support as defined by the selected Subscription Plan.
  3. The Service Provider reserves the right to:
    • carry out maintenance work, of which Clients will be notified at least 24 hours in advance (except in emergencies requiring immediate action);
    • modify the functionality of the Service to improve it, notifying Clients by email with appropriate notice;
    • suspend the provision of Services for the time necessary to resolve a failure or security threat.
  4. The Service Provider uses best efforts to ensure the Service is available 99% of the time per year, excluding planned maintenance windows.

§ 5. Subscription Plans and Payments

Anti-Abuse Policy: Because dedicated server infrastructure is automatically provisioned for each Client, MarketLyft requires a valid payment card on file at registration — including for the free Starter plan. This policy protects the infrastructure against abuse, bots and spam networks.

  1. The Service Provider offers Subscription Plans as set out in the Pricing available at marketlyft.app/pricing. Pricing may change in accordance with § 13 of these Terms.
  2. Subscription fees are charged in advance for the selected billing period (monthly or annual).
  3. Payments are processed by the payment operator Stripe. By making a purchase, the Client accepts Stripe's terms of service.
  4. VAT invoices are issued in electronic form and sent to the Client's email address or made available in the Client's panel.
  5. Failure to pay on time may result in:
    • restricted access to the Services after 7 days from the payment due date;
    • Account suspension after 14 days from the payment due date;
    • termination of the agreement after 30 days from the payment due date.
  6. The Client is not entitled to a refund for unused subscription periods, subject to the exceptions set out in § 9(3).
  7. The Service Provider may offer trial periods or promotional codes. The conditions for their use are specified in each case in their description.

§ 6. Client Obligations and Acceptable Use Policy

  1. The Client undertakes to use the Service in accordance with these Terms, applicable Polish and EU law, and good practice.
  2. The Client bears full responsibility for campaign content, contact lists and all actions taken from their Account.
  3. Absolute Anti-Spam Policy (Zero Tolerance). The Client represents and warrants that:
    • they will only import contacts who have given voluntary, express and documented consent to receive communications from the Client;
    • they will not send messages to purchased, third-party, scraped or otherwise unlawfully obtained lists;
    • every message will include an unsubscribe mechanism;
    • unsubscribe requests will be honoured promptly, no later than within 10 Business Days.
  4. The Client undertakes to comply with all applicable electronic marketing laws, including in particular:
    • GDPR (Regulation EU 2016/679);
    • the Polish Act of 18 July 2002 on the provision of electronic services;
    • the Polish Telecommunications Act of 16 July 2004;
    • other laws applicable to the jurisdictions of campaign recipients.
  5. The Client undertakes not to take any actions that could disrupt the Service, including web scraping, overloading the infrastructure or attempting unauthorised access to other Clients' resources.
  6. In the event of a breach of the above rules, the Service Provider has the right to immediately suspend or permanently remove the Account without any refund of subscription fees.

§ 7. Personal Data Protection and Data Processing

  1. The Service Provider is the controller of personal data of Clients and Users to the extent necessary for the provision of the Services. The rules for processing such data are set out in the Privacy Policy available at marketlyft.app/privacy.
  2. With respect to the personal data of campaign recipients (contacts processed by the Client within the Mautic Instance):
    • the Client is the data controller;
    • the Service Provider acts as a Data Processor within the meaning of Article 28 GDPR;
    • the detailed conditions for data processing are set out in a separate Data Processing Agreement (DPA), which forms an integral part of these Terms.
  3. The Client, as Data Controller, bears sole responsibility for having a valid legal basis for processing their contacts' data and for the compliance of their marketing activities with the GDPR and other applicable laws.
  4. Client data is stored on servers located within the European Union. The Service Provider does not transfer data to third countries outside the EEA without appropriate GDPR-compliant safeguards.
  5. The Service Provider implements appropriate technical and organisational measures to protect data against unauthorised access, loss or destruction.

§ 8. Liability and Limitations

  1. The Service Provider is liable for non-performance or improper performance of the Services only to the extent required by mandatory applicable law, subject to the limitations set out below.
  2. The Service Provider is not liable for:
    • interruptions in Service availability caused by force majeure, telecommunications infrastructure failure or other third-party events beyond the Service Provider's control;
    • campaign content, contact lists and other data entered by the Client into the Service;
    • the Client's breaches of law in connection with marketing campaigns;
    • loss of profits, business opportunities, reputation or any indirect or consequential damages of the Client;
    • non-delivery of emails resulting from decisions of mail service providers, spam filters or IP blocks unrelated to the Service Provider's actions.
  3. The Service Provider's total liability towards the Client for all events occurring within one calendar year is limited to the sum of subscription fees actually paid by the Client in the 12 months preceding the event giving rise to the damage.
  4. The limitations of liability in this section do not apply to damages caused to a Client who is a consumer by the Service Provider's intentional act or gross negligence.

§ 9. Term and Termination

  1. The agreement for the provision of Services is concluded for an indefinite period and may be terminated by either party.
  2. The Client may terminate the agreement at any time by:
    • deleting their Account via the account settings panel; or
    • sending a deletion request to: [email protected].
  3. If a Client who is a consumer terminates the agreement during a paid subscription period, the Service Provider will refund the pro-rata portion of the fee for the unused period — to the extent required by mandatory consumer protection law.
  4. The Service Provider may terminate the agreement with immediate effect and without refund in the event of:
    • the Client's breach of the anti-spam policy (§ 6(3));
    • the Client providing false registration details;
    • use of the Service for unlawful purposes;
    • non-payment for a period exceeding 30 days;
    • actions detrimental to the Service Provider, other Clients or third parties.
  5. Following termination, the Service Provider retains Client data for 30 days, after which it is permanently deleted. Upon request made before the expiry of this period, the Service Provider will provide a data export.

§ 10. Intellectual Property

  1. All intellectual property rights in the Service, its code, visual design, logos, interface and documentation belong to the Service Provider or to entities from which the Service Provider has obtained the relevant licences.
  2. Under these Terms, the Service Provider grants the Client a non-exclusive, non-transferable licence to use the Service solely for the Client's own business purposes, within the scope of the selected Subscription Plan, for the duration of the agreement.
  3. The Client retains all rights to the content and data they enter into the Service. The Client grants the Service Provider a royalty-free licence to process such data solely for the purpose of providing the Services.
  4. Copying, decompiling, reverse-engineering, modifying the Service or creating derivative works based on it is not permitted.

§ 11. Complaints

  1. The Client has the right to lodge a complaint in the event of non-performance or improper performance of the Services by the Service Provider.
  2. A complaint should be submitted promptly, no later than 30 days after the Client becomes aware of the grounds for complaint, by email to: [email protected] or in writing to the Service Provider's registered address.
  3. A complaint should include:
    • the Client's identifying information (Account email address);
    • a description of the issue;
    • the date and time the issue occurred;
    • the expected resolution.
  4. The Service Provider will process the complaint within 14 Business Days of receipt and inform the Client of the outcome electronically.
  5. A Client who is a consumer has the right to use out-of-court dispute resolution mechanisms, in particular via the EU ODR platform at: ec.europa.eu/consumers/odr.

§ 12. Account Security

  1. The Client is required to keep their Account credentials (login and password) confidential and not to share them with unauthorised third parties.
  2. The Client is responsible for all actions taken from their Account, regardless of whether they were authorised by the Client.
  3. If the Client suspects unauthorised access to their Account, they must immediately notify the Service Provider and change their password.
  4. The Service Provider uses data transmission encryption (HTTPS/TLS) and password hashing using bcrypt. Passwords are never stored in plain text.

§ 13. Amendments to the Terms

  1. The Service Provider reserves the right to amend these Terms, in particular in the event of:
    • changes in the law applicable to the provision of the Services;
    • changes in the functionality of the Service or the Service Provider's offering;
    • the need to adapt the Terms to regulatory requirements.
  2. The Service Provider will notify Clients of amendments by email to the Account address at least 14 days before the amendments take effect.
  3. If the Client does not accept the amendments, they may terminate the agreement before the date the amendments take effect by notifying the Service Provider in writing or by email.
  4. Continued use of the Service after the date the amendments take effect constitutes acceptance of the amended Terms.

§ 14. Final Provisions

  1. These Terms enter into force on 10 March 2026.
  2. These Terms and any disputes arising thereunder are governed by Polish law.
  3. Any disputes arising from the agreement for the provision of Services that cannot be resolved amicably shall be submitted to the court of general jurisdiction having territorial competence over the Service Provider's registered office — provided that for Clients who are consumers, court competence is determined in accordance with the general provisions of the Code of Civil Procedure.
  4. If any provision of these Terms is found to be invalid or ineffective, the remaining provisions shall remain in full force.
  5. These Terms are always available in their current version at marketlyft.app/terms and at the Service Provider's registered office.
  6. Service Provider contact details:
    Spotling Sp. z o.o.
    ul. Zbożowa 4A/2p, 70-653 Szczecin, Poland
    Tax ID (NIP): 8513173879
    Email: [email protected]
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