ExpressInbox Terms of Service

Last updated: [Insert date] · Effective date: [Insert date]

These Terms of Service (the "Terms") govern your access to and use of the ExpressInbox email and inbox management service, together with any related websites, applications, software and features (collectively, the "Service"). ExpressInbox lets you access your email securely and efficiently through WebMail's user-friendly interface. The Service is provided by [Insert legal entity name], a company incorporated in [Insert jurisdiction of incorporation] with company number [Insert company number] and registered office at [Insert registered address] ("ExpressInbox", "we", "us" or "our").

Please read these Terms carefully. By creating an account, accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.

Users in the United States are advised to review the Dispute Resolution clause in Section 16.2, which requires arbitration of disputes and contains a class action waiver unless you opt out in a timely manner.

DEFINITIONS AND INTERPRETATION

  1. In these Terms, the following definitions apply:
"Account" means the account you create to access and use the Service;
"Content" means any data, text, files, messages, attachments, images or other materials that you send, receive, store, upload or otherwise process through the Service;
"Fees" means the charges payable for any paid plan or feature, as set out at [Insert pricing page URL] or otherwise notified to you;
"Intellectual Property Rights" means patents, utility models, rights to inventions, copyright and related rights, trade marks, service marks, trade names, domain names, rights in designs, database rights, rights in confidential information (including know-how) and all other intellectual property rights, in each case whether registered or unregistered, and including all applications and rights to apply for and be granted renewals or extensions of such rights;
"Privacy Policy" means the ExpressInbox privacy policy available at https://expressinbox.com/privacypolicy, which describes how we process personal data;
"User", "you" or "your" means the individual or entity accessing or using the Service.
  2. Clause and paragraph headings do not affect the interpretation of these Terms.
  3. Words in the singular include the plural and vice versa, and a reference to one gender includes the other genders.
  4. Any words following the terms "including", "include", "in particular", "for example" or any similar expression are illustrative and do not limit the words preceding them.
  5. A reference to “writing” or “written” includes email.

ELIGIBILITY AND ACCOUNT REGISTRATION

  1. To use the Service, you must be at least 18 years of age (or the age of majority in your jurisdiction) and capable of forming a legally binding contract.
  2. You agree to provide accurate, current and complete information during registration and to keep that information up to date.
  3. You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account.
  4. You must notify us promptly at [Insert contact email] if you become aware of any unauthorised use of, or access to, your Account.

THE SERVICE

  1. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to access and use the Service for your own personal or internal business purposes.
  2. We may from time to time modify, enhance, suspend or discontinue any part of the Service. Where any such change is material and adverse to you, we will use reasonable efforts to give you prior notice.
  3. The Service may include features, integrations or services provided by third parties. Your use of any such third-party features may be subject to separate terms, and we are not responsible for third-party services.

ACCEPTABLE USE

  1. You agree not to, and not to permit any third party to:
  2. use the Service in any way that breaches any applicable law or regulation;
  3. send, store or transmit any unlawful, defamatory, obscene, harassing or otherwise objectionable Content;
  4. use the Service to send unsolicited or unauthorised bulk email, spam or other advertising material;
  5. introduce or transmit any viruses, malware or other harmful code;
  6. gain or attempt to gain unauthorised access to the Service, its systems or networks, or the accounts of other Users;
  7. reverse engineer, decompile, disassemble or otherwise attempt to derive the source code of the Service, except to the extent permitted by applicable law; or
  8. use the Service in any manner that could damage, disable, overburden or impair it.
  9. We may investigate any suspected breach of this clause 4 and may suspend or restrict your access to the Service where we reasonably consider it necessary to do so.

YOUR CONTENT

  1. You retain all rights in and to your Content. We do not claim ownership of your Content.
  2. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, process, transmit and display your Content solely to the extent necessary to provide and maintain the Service and as described in the Privacy Policy.
  3. You are solely responsible for your Content and for ensuring that you have all necessary rights and consents to send, receive and process it through the Service.
  4. We process personal data in accordance with the Privacy Policy and applicable data protection law.

FEES AND PAYMENT, AUTORENEWAL

  1. Certain features of the Service may be offered on a paid and autorenewing basis. Where you subscribe to a paid plan, you agree to pay the applicable Fees. The Service renews automatically to your payment method on file, on terms disclosed at checkout and in your order confirmation email. You may cancel autorenewal at any time in your account dashboard or by contacting customer support, and upon cancellation you may continue to use the Service for the period already purchased.
  2. Unless otherwise stated, all Fees are [exclusive/inclusive] of applicable taxes, which you are responsible for paying.
  3. Fees are payable in advance and, except as required by law or expressly stated in these Terms, are non-refundable.
  4. We may change the Fees on not less than 30 days' prior written notice and opportunity to cancel autorenewal. Any change will take effect at the start of your next billing cycle.
  5. If any payment is not received by the due date, we may suspend your access to paid features until payment is made in full.

INTELLECTUAL PROPERTY RIGHTS

  1. All Intellectual Property Rights in and to the Service (excluding your Content) are and remain owned by us or our licensors.
  2. Except for the licence expressly granted in clause 3.1, nothing in these Terms transfers to you any Intellectual Property Rights in the Service.
  3. If you provide us with any feedback or suggestions regarding the Service, you grant us a perpetual, irrevocable, royalty-free licence to use that feedback without restriction.

PRIVACY AND DATA PROTECTION

  1. Our collection and use of personal data in connection with the Service is described in the Privacy Policy.
  2. By using the Service, you acknowledge that you have read and consent to the Privacy Policy.

SERVICE AVAILABILITY

  1. We will use reasonable efforts to make the Service available, but we do not warrant that the Service will be uninterrupted, timely, secure or error-free.
  2. We may suspend access to the Service for scheduled or emergency maintenance, and will use reasonable efforts to give advance notice of any planned suspension where practicable.

SUSPENSION AND TERMINATION

  1. You may terminate these Terms at any time by closing your Account.
  2. We may suspend or terminate your access to the Service, in whole or in part, with immediate effect where:
  3. you materially breach these Terms and, where the breach is capable of remedy, fail to remedy it within [14] days of notice;
  4. we are required to do so by law or by a regulatory or governmental authority; or
  5. continued provision of the Service to you may create liability for us or is no longer commercially viable.
  6. On termination of these Terms:
  7. your right to access and use the Service will cease immediately;
  8. you may, for a period of [30] days, export your Content, after which we may delete it in accordance with the Privacy Policy; and
  9. any provision that by its nature should survive termination will continue in full force and effect.

DISCLAIMERS

  1. The Service is provided on an "as is" and "as available" basis.
  2. To the maximum extent permitted by applicable law, we exclude all warranties, conditions and representations, whether express or implied, including any implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement.
  3. Nothing in these Terms excludes or limits any warranty or right that cannot be excluded or limited under applicable law, including any statutory rights you may have as a consumer.

LIMITATION OF LIABILITY

  1. Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under applicable law.
  2. Subject to clause 12.1, we will not be liable to you for any loss of profits, loss of business, loss of anticipated savings, loss of or corruption of data, or any indirect or consequential loss, in each case arising out of or in connection with the Service or these Terms.
  3. Subject to clause 12.1, our total aggregate liability arising out of or in connection with these Terms, whether in contract, tort (including negligence) or otherwise, will not exceed the greater of (a) the total Fees paid by you in the twelve (12) months preceding the event giving rise to the claim; or (b) USD 5,000.

INDEMNITY

  1. You agree to indemnify us against all liabilities, costs, expenses, damages and losses suffered or incurred by us arising out of or in connection with your breach of clause 4 (Acceptable Use) or any claim that your Content infringes the rights of any third party.

CHANGES TO THESE TERMS

  1. We may amend these Terms from time to time. Where any change is material, we will give you reasonable notice by email or through the Service before the change takes effect.
  2. Your continued use of the Service after the effective date of any change constitutes your acceptance of the amended Terms. If you do not agree to the change, you must stop using the Service.

GENERAL

  1. Entire agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and us in relation to the Service and supersede all prior agreements and understandings.
  2. Assignment: You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations to another member of our group or in connection with a merger, acquisition or sale of assets.
  3. Waiver: No failure or delay by either party in exercising any right under these Terms will constitute a waiver of that right.
  4. Severance: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
  5. Third party rights: Except as expressly stated, no person other than the parties has any right to enforce any provision of these Terms.
  6. Notices: We may give notice to you by email to the address associated with your Account or by posting on the Service. You may give notice to us at [Insert contact email].
  7. Force majeure: We will not be liable for any failure or delay in performing our obligations where such failure or delay results from any cause beyond our reasonable control.

GOVERNING LAW AND DISPUTE RESOLUTION

  1. Choice of Law. These Terms, except clause 16.2 (Dispute Resolution and Binding Arbitration for United States Residents), are governed by and construed in accordance with the laws of the British Virgin Islands, excluding its rules governing conflicts of law.
  2. Dispute Resolution and Binding Arbitration for United States Residents. If you are a resident of the United States, the provisions of this clause 16.2 apply to you. Please review them carefully, as they include an agreement to arbitrate any and all claims or disputes between you and us absent your valid election to opt out.

Agreement to Arbitrate and Delegation of Arbitrability. You agree that any dispute or claim of any kind whatsoever between you and us, regardless of when it arose, will be decided by binding arbitration administered by the American Arbitration Association ("AAA") pursuant to its Consumer Arbitration Rules and Mediation Procedures, Commercial Arbitration Rules and Mediation Procedures, and/or Mass Arbitration Supplementary Rules (together, the "AAA Rules"), as applicable, and pursuant to these Terms. If there is a conflict between these Terms and the AAA Rules, these Terms will prevail. To learn more about the AAA Rules and how to begin an arbitration, email AAA at CustomerService@adr.org, or visit AAA’s website at www.adr.org. For the avoidance of doubt, this Agreement to Arbitrate includes an agreement by you and Us that the authority to determine the threshold question of whether a dispute or claim between you and Us is subject to arbitration—that is, whether such dispute or claim is arbitrable—shall rest exclusively with the AAA arbitrator and not with a court.

(b) Governing Arbitration Law. Any arbitration under these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. sections 1 et seq.) and not by any state law concerning arbitration. Any award by the arbitrator shall be in writing and will be final and binding, subject to any limited right of appeal under the Federal Arbitration Act. Judgment upon any award may be entered in any court having jurisdiction.

(c) Waiver of Class and Representative Actions. You and we may not bring claims against the other as a plaintiff or class member in any class or representative action, and the arbitrator may not hear class or representative claims.

(d) Informal Dispute Resolution. Before initiating arbitration, you and we agree to make a good-faith effort to resolve any dispute informally by sending the other party a written Notice of Dispute. The informal dispute resolution period lasts 60 days from the date the notice is received and is a mandatory prerequisite to initiating arbitration. If you are sending a Notice of Dispute to Us, you must email it to:

(e) Claims Not Subject to Arbitration. Either party may elect to litigate a claim in the small claims court (or similar court) of your city or county of residence if the amount at issue is within that court's jurisdictional limits.

(f) Opt-Out. You may opt out of this agreement to arbitrate within 30 days after your first use of the Service or the availability of this agreement to arbitrate, whichever is later, by sending written notice of your decision to opt out to 



with the subject line 'ARBITRATION AND CLASS ACTION WAIVER OPT-OUT'. To be valid, your notice must include the email address you used to create your Account. If you do not opt out within the 30-day period, the agreement to arbitrate will be binding.

(g) Waiver of Class Actions; Mass Arbitration. NEITHER PARTY TO THIS AGREEMENT MAY NOT BRING CLAIMS AGAINST THE OTHER AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION. The arbitrator cannot hear class or representative claims on behalf of ExpressInbox users. However, nothing in this section shall prevent you or Us from participating in a class-wide settlement of claims.

If more than 25 arbitration demands of a substantially similar nature, alleging substantially similar or identical claims or causes of action, are filed against us by the same law firm or collection of legal counsel or law firms, AAA shall (i) group the arbitration demands into batches of no more than 25 demands per group; and (ii) provide for resolution of each group or batch as a consolidated arbitration with one set of filing and administrative fees and a single arbitrator assigned per group or batch. To the extent AAA does not enforce these batching procedures, the parties agree that AAA shall endeavor to assign multiple proceedings to a single, mutually agreeable merits arbitrator consistent with the AAA Mass Arbitration Supplementary Rules.

  1. Dispute Resolution for Non-U.S. Residents. If you are not a resident of the United States, you agree that any dispute or claim arising out of or in connection with these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of the British Virgin Islands, and you submit to the personal jurisdiction of those courts. If any portion of this dispute resolution provision is found to be unenforceable under applicable law, the parties agree that such disputes shall instead be resolved through binding arbitration in the United Kingdom, under the rules of the London Court of International Arbitration (“LCIA”). The arbitration shall be conducted in English, and the arbitrator’s decision shall be final and binding.

CONTACT US

  1. If you have any questions about these Terms, please contact us at [Insert contact email] or by writing to [Insert postal address].