These Terms of Service (“Terms”) are the contract between you (the business or organisation using Audryo) and Dear Friend Digital GmbH, Emilienstraße 9, 90489 Nürnberg, Germany (“Audryo”, “we”). They govern the website, the application at app.audryo.com, and the API, MCP, and CLI.
By creating an account or using the service you agree to these Terms and the Privacy Policy. If you use Audryo for an organisation, you confirm you have authority to bind it.
Audryo is offered to businesses (Unternehmer within the meaning of § 14 BGB), not to consumers. You must be at least 18.
1. The service
Audryo is a lifecycle communication platform. You can ingest contacts and events, define audiences, prepare journeys and campaigns, author branded emails, connect agents, and measure product conversions against a holdout.
The product is built around review before send. Drafts, proposals, and agent actions stay reviewable. We do not promise autonomous publishing. You decide what goes live.
Customer mail is sent through an email service you connect. You pay that provider separately. Audryo does not sell send volume. After beta, Audryo is priced on managed contacts and an included AI allowance, as shown on Pricing.
Public beta is free, may change, and is provided without a service-level agreement. We may throttle, pause, or discontinue beta features with notice to the account email where practical.
2. Accounts, workspaces, and agents
You must provide accurate account details and keep credentials secret. You are responsible for people you invite and for API tokens you issue, including tokens used by agents.
Agents act with the scopes you grant. Their writes are audited. An agent must not be used to bypass these Terms, to send without human approval where the product requires it, or to infer marketing consent.
We may suspend an account that is abused, that harms the service or other customers, or that we reasonably believe is unlawful.
3. Your data and our roles
Your customer data (contacts, events, consent, message content, brand assets) remains yours. You grant us a limited licence to host and process it solely to provide the service.
For that data we act as processor; you act as controller. You warrant that you have a lawful basis to collect and use it, including for email you instruct us to send. A data processing agreement under Art. 28 GDPR is available on request and should be executed if you process personal data in Audryo.
Operator account data is processed as described in the Privacy Policy.
You must not upload special-category data, data about children, or unlawful content unless we have agreed a written exception.
On termination we will make export available for a reasonable period and then delete or anonymise customer data, except copies we must keep for legal, tax, or security reasons.
4. Email, consent, and deliverability
You are responsible for:
- connecting and verifying a sending identity
- the lawfulness of each send (consent, transactional exception, suppression, CAN-SPAM, GDPR, ePrivacy/TTDSG, and similar rules that apply to you)
- content, claims, and destinations in your emails
- bounce and complaint rates on your provider account
Audryo supplies tools (consent ledger, unsubscribe, suppressions, dry run, fail-closed checks). Tools do not transfer legal responsibility to us. You must not use Audryo to send unsolicited marketing, phishing, or malware, or to mark promotional mail as transactional in order to skip consent.
We may block sends or pause a workspace if we detect a serious deliverability, fraud, or legal risk.
5. Acceptable use
You will not, and will not allow an agent to:
- probe, disrupt, or overload the service except through documented APIs within published limits
- reverse engineer the service except where mandatory law allows
- resell Audryo as a white-label ESP without our written consent
- misrepresent that Audryo sent mail from its own domain when the mail used your identity
- use the service in a way that would make us an electronic communications provider for the public without agreement
Contact batches, event batches, and rate limits in the documentation are part of these Terms.
6. AI
AI features are optional assistance. Outputs can be wrong. You must review them before they reach customers. We do not warrant that generated copy is original, non-infringing, or factually correct. Product claims in generated mail must follow confirmed facts in your workspace.
AI usage may be metered. Exceeding the included allowance may pause AI features until the next period or until you move plan, as the product then describes.
7. Intellectual property
We and our licensors own Audryo, including the software, documentation, and brand. You receive a non-exclusive, non-transferable right to use the service during the contract.
You own your content. Feedback you send us may be used to improve the product without obligation.
8. Fees (after beta)
When paid plans apply, prices are as published or as agreed in an order. Amounts are exclusive of VAT unless stated. Invoices are payable as stated on the invoice. We may change list prices with reasonable notice; the new price applies to the following billing period.
Failure to pay after a reminder may lead to suspension. You remain responsible for your ESP costs at all times.
9. Warranty
We provide the service with reasonable care. During beta we do not warrant uninterrupted or error-free operation. Mandatory rights that cannot be waived remain unaffected.
You are responsible for your configuration, connected providers, and the data you ingest.
10. Liability
We are liable without limitation for intent, gross negligence, injury to life, body or health, and under the German Product Liability Act.
For slight negligence we are liable only if we breach a duty whose fulfilment is essential to the contract and on which you may ordinarily rely (Kardinalpflicht), and then only for typical, foreseeable damage. Any further liability for slight negligence is excluded.
This clause applies to the same extent to our directors, employees, and vicarious agents.
We are not liable for your ESP’s failure, for mailbox-provider filtering, or for business decisions you take on the basis of opens, clicks, or model output.
11. Term and changes
The contract runs for an indefinite term. You may stop using the service and request account deletion at any time. We may terminate for convenience with reasonable notice, or immediately for cause.
We may change these Terms. For material changes we will give at least 30 days’ notice to the account email where practical. If you do not object and continue to use the service after the effective date, the new Terms apply. If you object, either party may terminate as of the effective date.
12. Law and venue
These Terms are governed by German law, excluding CISG and conflict-of-law rules. If you are a merchant, a legal entity under public law, or have no general venue in Germany, the courts of Nürnberg have exclusive jurisdiction.
Mandatory protections for parties in other jurisdictions remain unaffected to the extent they cannot be waived.
13. Miscellaneous
If a provision is invalid, the remainder stays in force. You may not assign the contract without our consent, except to a successor of your business. We may assign to an affiliate or in connection with a transfer of the Audryo business.
English and German versions are provided. For a dispute, the German text prevails if you contracted as a German entity or the German version was offered; otherwise the English text prevails.
14. Contact
Dear Friend Digital GmbH
Emilienstraße 9, 90489 Nürnberg, Germany
hello@audryo.com