These Terms of Service (the “Terms”) are an agreement between you and [Operator legal name] (“ViMail”, “we”, “us”). They govern your access to and use of our website, the private beta waitlist, and the ViMail email hosting service, including webmail and related features (together, the “Service”). Please read them carefully.
1. Agreement
By joining the waitlist, creating an account, or otherwise using the Service, you agree to these Terms and to our Privacy Policy. If you use the Service on behalf of an organization, you confirm that you have authority to bind it, and “you” includes that organization. If you do not agree, do not use the Service.
2. The service
ViMail lets you send, receive and manage email using your own domain name, through a web interface and through standard protocols such as JMAP, IMAP and SMTP. We may add, change or remove features, and may adjust technical limits (for example, storage, message size, and sending rates) to keep the Service reliable and fair for everyone. Where a change materially and adversely affects you, we will give you reasonable notice whenever practical.
3. The beta program
The Service is currently offered as a private beta. In particular:
- No guarantee of access. Joining the waitlist does not entitle you to an invitation. We choose testers at our sole discretion and may end or pause the beta, or withdraw an invitation, at any time.
- Beta software. The Service may contain bugs, may be interrupted, and may change significantly or lose data. Keep independent copies of any email or data you cannot afford to lose, and do not rely on the Service for critical or safety-related communications during the beta.
- Feedback. If you give us suggestions or feedback, you grant us a perpetual, worldwide, royalty-free license to use it without restriction or obligation to you. Feedback does not include your mail or personal data.
- Pricing after the beta. Beta access is free. We will tell you in advance how the Service will be offered after the beta, and you are never obliged to move to a paid plan.
4. Eligibility and accounts
You must be at least 16 years old (or the higher age of digital consent in your country) and able to form a binding contract. You may not use the Service if you are barred from doing so under applicable law, or if you are subject to economic sanctions or trade restrictions that prohibit it.
You must provide accurate information and keep it up to date. You are responsible for keeping your credentials secure, for enabling two-factor authentication where offered, and for all activity under your account. Tell us promptly at [email protected] if you suspect unauthorized access. Accounts are personal to you and may not be sold, rented or transferred without our written consent.
5. Your domains
You may connect only domains that you own or are authorized to manage. We may ask you to prove control (for example, through a DNS record) and may refuse or remove a domain we reasonably believe you do not control, that infringes someone’s rights, or that is used for abuse.
You are responsible for your domain registration, renewal and DNS configuration. We are not liable for lost or misdirected mail resulting from DNS errors, expired domains, or changes made at your registrar or DNS host. Your domain remains yours: we acquire no rights in it, and you may point it elsewhere at any time.
6. Acceptable use
You agree not to use the Service, and not to allow anyone else to use it, to:
- send unsolicited bulk or commercial email (spam), or send messages without a lawful basis or the recipient’s consent where the law requires it;
- phish, impersonate others, spoof sender identities, or otherwise deceive recipients;
- distribute malware, or attempt to disrupt, probe, or gain unauthorized access to the Service, other accounts, or any other system;
- send, store or share content that is unlawful, that exploits or endangers children, or that incites or threatens violence, harassment or discrimination;
- infringe or misappropriate intellectual property, privacy or other rights of others;
- run open relays, mailing-list or newsletter services, or other high-volume sending that is not ordinary correspondence;
- harvest addresses, scrape the Service, or exceed rate limits or circumvent technical restrictions;
- resell the Service, or offer it to third parties as part of a competing service, without our written agreement; or
- use the Service in violation of applicable laws, including anti-spam, privacy, export control and sanctions laws.
7. Sending limits and abuse
To protect the reputation of our mail servers and your domain, we apply sending limits and automated abuse controls, and we may delay, filter, quarantine, reject or block messages that appear to violate these Terms. Automated filtering is imperfect, and legitimate messages may occasionally be misclassified. Check your spam folder, and contact us if you believe a block is mistaken.
Verified recipients. You may ask us to verify a recipient’s email address: we send that address a one-time code, and you confirm it in your dashboard. Messages to verified recipients are not counted toward your daily sending limit, but they remain subject to these Terms and to our anti-abuse controls. Verify only the addresses of people with whom you have a genuine relationship and who would reasonably expect to hear from you; do not verify addresses on someone’s behalf without their knowledge, and do not use verification to evade limits for bulk or unsolicited mail. We may limit the number of verified recipients, or remove verifications, where we suspect misuse.
We investigate reports of abuse that we receive at [email protected]. During an investigation we may review the relevant message headers, logs and, where strictly necessary and permitted by law, message content, as described in the Privacy Policy.
8. Your content
“Your Content” means the messages, files, contacts, calendar entries and other material you send, receive or store using the Service. You own it, and you are responsible for it, including for having the rights and permissions needed to store and send it.
You grant us a limited, non-exclusive, worldwide, royalty-free license to host, copy, transmit, index, scan for spam and malware, and otherwise process Your Content solely as necessary to operate, secure and support the Service for you, and to comply with law. We do not use Your Content for advertising, and we do not claim any ownership of it.
You are responsible for backing up Your Content. You may export it at any time using standard protocols such as IMAP and JMAP.
9. Privacy
Our Privacy Policy explains how we handle personal data. If you use the Service in a way that involves other people’s personal data (for example, as a business), you are responsible for complying with the privacy laws that apply to you; contact us if you need a data processing agreement.
10. Plans and fees
During the beta the Service is provided free of charge. After the beta we expect to offer a free plan and paid plans that differ in storage, number of domains and daily outgoing-mail limit, as indicated on our website. Those plans, prices and limits are indicative only: they are not an offer, they may change before launch, and they do not create any obligation on you or on us until the plans are launched and you choose one.
When paid plans launch, the plan details, price, billing period and renewal terms shown at the time you subscribe will form part of these Terms for that plan, and we will not charge you unless you agree to a paid plan. We may change plan prices and limits for future billing periods with reasonable advance notice, and you may cancel before a change takes effect. Incoming mail is not subject to a message-count limit, but storage, domain and outgoing-mail limits of your plan apply; we may take reasonable steps (such as pausing delivery of new messages) if you exceed your storage allowance.
11. Availability and support
We aim to run a reliable Service but do not promise uninterrupted or error-free operation, and the free Service has no service-level agreement. We may perform maintenance, and the Service may be unavailable because of events outside our control. Support is provided on a reasonable-efforts basis, by email, and may be limited during the beta.
12. Suspension and termination
By you. You may stop using the Service and delete your account at any time. Before you do, export any data you want to keep.
By us. We may suspend or terminate your access (a) if you materially breach these Terms, (b) if needed to protect the Service, other users or third parties, (c) if required by law, or (d) if we discontinue the Service or the beta, or your account is inactive for an extended period. Where reasonable and lawful, we will give you notice and an opportunity to fix the problem first; for serious or ongoing abuse we may act immediately.
What happens next. If we terminate for reasons other than your breach, we will give you at least 30 days’ notice where practical, and a reasonable period to export Your Content. After termination, your right to use the Service ends and we will delete your account data as described in the Privacy Policy. Sections that by their nature should survive termination (including Sections 3 (Feedback), 8, 13–18) will survive.
13. Intellectual property
The Service, including its design, text, logos and software we develop, is owned by ViMail or its licensors and is protected by intellectual property laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to use the Service for its intended purpose. The Service is built on third-party open-source software, which is licensed under its own license terms; nothing in these Terms restricts your rights under those licenses in respect of the software itself. Third-party names are the property of their respective owners.
If you believe content on the Service infringes your copyright, send a notice with your contact details, a description of the work and the material, and a statement that you have a good-faith belief it is unauthorized, to [email protected]. We will review notices and act in accordance with applicable law.
14. Disclaimers
The Service is provided “as is” and “as available”, especially during the beta. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and any warranty that the Service will be uninterrupted, secure, or free of errors or data loss, or that all messages will be delivered, received or correctly classified. Email delivery depends on third parties we do not control.
15. Limitation of liability
To the maximum extent permitted by law, ViMail and its owners, officers, employees, contractors and licensors will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, goodwill, business opportunities or data, arising out of or related to the Service or these Terms, even if advised of the possibility.
To the maximum extent permitted by law, our total liability for all claims arising out of or related to the Service or these Terms will not exceed the greater of (a) the amount you paid us for the Service in the 12 months before the event giving rise to liability and (b) USD 50. Because the Service is currently free, you accept that your remedies are correspondingly limited.
Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or intentional misconduct. If you are a consumer, you may have mandatory rights under the laws of your country of residence that these Terms do not affect.
16. Indemnification
If you use the Service for business or other non-consumer purposes, you agree to defend and indemnify ViMail against third-party claims, and resulting losses and reasonable costs, arising from Your Content, your breach of these Terms, or your violation of law or of others’ rights. This section does not apply to consumers to the extent that applicable law prohibits it.
17. Governing law and disputes
These Terms are governed by the laws of [governing jurisdiction], without regard to conflict-of-laws rules. Subject to the next paragraph, the courts of [venue] have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service.
If you are a consumer, nothing here deprives you of the protection of mandatory consumer laws in your country of residence, or of your right to bring proceedings in the courts of that country. Before starting a formal dispute, please contact us at [email protected] and give us 30 days to try to resolve it informally.
18. General
- Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us about the Service and replace any earlier understanding.
- Severability. If any provision is held unenforceable, the rest remains in effect, and the provision will be enforced to the maximum extent permissible.
- No waiver. Our failure to enforce a right is not a waiver of it.
- Assignment. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition or sale of assets, or to an affiliate.
- Force majeure. Neither party is liable for failure or delay caused by events beyond its reasonable control.
- Notices. We may notify you by email at the address associated with your account or on the website. Notices to us should be sent to the contact below.
- Export and sanctions. You must comply with applicable export-control and sanctions laws in using the Service.
- Language. These Terms are written in English. Translations are provided for convenience; the English version controls to the extent permitted by law.
19. Changes to these terms
We may update these Terms from time to time. We will change the “Last updated” date and, for material changes, give you reasonable advance notice by email or within the Service. If you continue to use the Service after the changes take effect, you accept them. If you do not agree, stop using the Service and export your data before they apply.
20. Contact
[Operator legal name], [registered address]
General: [email protected]
Legal: [email protected]
Abuse reports: [email protected]