Terms of Service
Courtesy translation. The French version is authoritative: Conditions générales d'utilisation.
Version 1.0, July 2026
1. Purpose
These terms govern the use of fluctuat (the "Service"), an email relay published by Dizzus GmbH (the "Provider") that routes the emails of the customer's applications through Microsoft 365. By creating an account, the customer (the "Customer") accepts these terms.
2. Description of the Service
The Service receives the messages submitted by the Customer's applications over authenticated and encrypted SMTP, then sends them through the Microsoft Graph API on behalf of the authorised sender, placing a copy in that sender's Sent Items. The Service does not guarantee final delivery to the recipient's inbox, which depends on Microsoft 365 and on the recipient.
3. Account and Microsoft consent
The Customer creates an account, confirms their email address, then grants administrator consent to the Provider's Microsoft application, limited to the Mail.Send permission. The Provider does not read the content of the Customer's mailboxes. The Customer may withdraw this consent at any time from their Microsoft 365 tenant, which interrupts the Service.
4. Permitted use
The Customer undertakes to use the Service only to send lawful and solicited messages, and not to use it for bulk unsolicited mail, phishing, impersonation, or any illegal content. The Customer is responsible for the senders and recipients it configures. The Provider may suspend an account in the event of abusive use.
5. Pricing and payment
The hosted offering includes a free plan (Free: 1 connected mailbox, 500 messages per month) and paid plans billed per connected mailbox: Team (CHF 49 per month, 3 mailboxes), Business (CHF 149 per month, 25 mailboxes) and Compliance (CHF 349 per month, up to 150 mailboxes), each with a fair-use cap of 500,000 messages per month. A "connected mailbox" is a Microsoft 365 address on whose behalf the Customer's applications send.
Paid plans start with a 15-day trial that requires a card, automatically converted into a monthly or annual subscription (the annual plan is equivalent to ten monthly payments) unless cancelled before the end of the trial. Payments are processed by Stripe; the subscription can be cancelled at any time and ends at the current billing term. In the event of a payment failure, sending is suspended until the account is brought up to date, without loss of messages already accepted. Prices are exclusive of VAT, applicable Swiss VAT being added; Dizzus GmbH is subject to Swiss VAT (VAT no. CHE-469.903.322 VAT).
The on-premise offering (fluctuat Sovereign) is covered by a separate licence agreement, on quotation.
6. Availability
The Service is provided "as is", with no service level commitment (SLA) on the current offering. The Provider strives to ensure reasonable availability and may carry out maintenance operations.
7. Data
Data processing is described in the privacy policy and governed by the data processing agreement (DPA) (French), both of which form an integral part of these terms. The DPA is deemed concluded upon account creation.
8. Liability
To the extent permitted by applicable law, the Provider's liability is limited to direct damages and capped at the amounts paid by the Customer over the last twelve months. The Provider is not liable for indirect damages or for the non-delivery of a message by a third party.
9. Term and termination
The contract is concluded for an indefinite term. Either party may terminate it at any time; the Customer may delete their account from the console. The Provider may terminate in the event of a serious breach.
10. Amendments
The Provider may amend these terms; substantial changes are notified. Continued use constitutes acceptance.
11. Governing law and jurisdiction
These terms are governed by Swiss law. The exclusive jurisdiction is Zug, subject to any mandatory jurisdiction.