Please read these terms of service (the “Terms” or the “Agreement”) carefully before accepting these Terms. This is a binding agreement.
These Terms constitute a binding agreement between you or the legal entity that you represent (the “User” or “You”) and EtherMail GmbH ("We",“Us” or the "Company" and together with the User, the “Parties”) an entity duly incorporated and existing in accordance with the laws of Liechtenstein, with registered address in Dr.Grass-Strasse 12 9490 Vaduz, Liechtenstein, and with tax identification number FL-0002.683.886-3
You warrant and represent that You are entering into these Terms on your own name and that you have full authority to be bound to these Terms.
These Terms shall apply to the use and benefit of the Services and, if contracted, the Premium Services. By accepting these Terms and/or using the Services or the Premium Services (as defined below), You acknowledge that You have read and agree to be bound by these Terms, including our privacy policy (the “Privacy Policy”), cookies policy (the “Cookies Policy”), and EMC policy (the "EMC Policy") which are hereby incorporated in these Terms by reference.
1.Introduction
1.1. The purpose of this Agreement is to set forth the terms and conditions governing the use and benefit of the Services provided by Us directly or through https://ethermail.io/ any other Company’s mobile app or wearable technology or software (jointly, the “Platform”).
1.2. These Terms apply if You are a registered user on our Platform, in order to benefit from the Services and, if contracted, from the Premium Services. You agree that by clicking “Sign Up” or otherwise registering, downloading, accessing, or using the Services or the Premium Services, you are entering into a legally binding agreement between You and Us regarding your use of the Services or the Premium Services.
1.3. When using the Services, the Premium Services or opening an account with Us on behalf of a company, entity, or organization (jointly, the “Subscribing Organization”), You represent and warrant that You: (i) are an authorized representative of that Subscribing Organization with the authority to bind that organization to these Terms and grant the licenses set forth herein; and (ii) agree to these Terms on behalf of such Subscribing Organization.
2.Services
2.1. Once your application has been authorized and You have created an Account satisfactory to the Company, You may have access to the EtherMail, that is an encrypted email for Web3 wallet-to-wallet communication, in accordance with the free features and functionalities available from time to time (the "Services"), as well as the Premium Services in case You contract them, all in accordance with the terms and conditions set forth in these Terms.
2.2. Even if the Account has been approved, the Company reserves the right to refuse the access to the Services and/or, if contracted, to the Premium Services, for any reason, at its sole discretion and without liability. If We discover at any time that any of the requirements or obligations to use the Services, the Premium Services or the Platform set forth in these Terms or in any other agreement are not being met or that You have provided us with information that is not complete and accurate or that You breach this Agreement, We may immediately suspend, partially or totally, the Services, the Premium Services and the access to the Platform without prior notice, until the relevant circumstance is cured.
3.Premium Services
3.1. In order to complement and improve the Services that Ethermail offers to its Users in the Platform, You can upgrade your Account by signing up for PLUS or PREMIUM services (the “Premium Services”), which include:
(i) Expansion of storage space under the conditions that are reflected in the Platform at any given time as defined on the website;
(ii) Receive additional EMC rewards for interacting with promotional campaigns on ethermail.io and invitation to participate in programs or campaigns only available to Users who have purchased Premium Services, pursuant to which You may obtain additional EtherMail Coins (the “EMCs”); and
(iii) Priority technical assistance and query resolution, whereby We will resolve your requests in less than forty-eight (48) hours, whenever circumstances permit.
Beyond the wallet address included in the Basic Services, in case you have a yearly subscription to the Premium Services, You will be able to obtain additional aliases as defined on ethermail.io and be able to activate several aliases. In this regard, We will acquire the aliases on your behalf directly from Unstoppable Domains, whose terms and conditions shall apply at all times. In case you have bought the alias from a third party that is neither EtherMail nor Unstoppable domains an activation fee for each alias might apply.
3.2. We reserve the right to modify the Premium Services at any time and for any reason by updating this Annex or the description on etermail.io to reflect any modifications that may be implemented in the Platform.
4.Email as a wallet
4.1. As a part of the Services, EtherMail offers You the possibility to use your Account as a non-custodial wallet, providing a service called “Email as a wallet”.
4.2. Through this service, You will be able to use your Account as a non-custodial wallet through which you would be able to interact with the blockchain, as well as control and manage your digital assets (such as, among others, cryptocurrencies, virtual commodities and NFT) autonomously and without intervention from EtherMail or third parties (the “Wallet”). For all purposes, You expressly acknowledge and agree that you are responsible for the management of your Wallet, your activity and any risk of loss at all times, as well as the sole owner of your private keys, without EtherMail having any control or responsibility over it.
4.3. You acknowledge and agree that We have no control over, and no duty to take any action regarding: (i) failures, disruptions, errors, or delays in the processing of your digital assets that you may experience while using the Wallet; (ii) the risk of failure of hardware, software, and Internet connections; (iii) the risk of malicious software being introduced or found in the software underlying EtherMail; (iv) the risk that third parties may obtain unauthorized access to information stored within your Wallet; and (v) the risk of unknown vulnerabilities in or unanticipated changes to the applicable blockchain networks. You release EtherMail from all liability related to any losses, damages, or claims arising from: (a) user error such as forgotten passwords, incorrectly constructed transactions, or mistyped digital asset addresses; (b) server failure or data loss; (c) unauthorized access to your Wallet or Account; (d) bugs or other errors in the software; and (e) any unauthorized third party activities, including, but not limited to, the use of viruses, phishing, brute forcing, or other means of attack against EtherMail. We make no representations concerning any third party content contained in or accessed through our Services. Any other terms, conditions, warranties, or representations associated with such content, are solely between You and such organizations and/or individuals.
4.4. Notwithstanding that EtherMail has no control over the Wallet and over your activity, You agree that You will not violate any laws when using the Wallet, nor use the Wallet to pay for, support, or otherwise engage in any illegal activities.
4.5. Without prejudice to the provisions of the following clause, for the use of the Email as a wallet service and the Wallet, You must be at least eighteen (18) years old and legally competent. All other terms included in the following clause shall continue to apply, in relation to the use of this service by minors and blocked persons.
5.Use of the Services and Premium Services by minors and blocked persons
5.1. The Services and the Premium Services are not available to persons under the age of 14. If You are between the ages of 14 and the age of legal majority in your jurisdiction of residence, You may only use the Services and the Premium Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
5.2. The Services and the Premium Services are also not available to any Users previously removed from the Services, the Premium Services or the Platform by the Company or to any persons barred from receiving them under the laws of Liechtenstein (such as its export and re-export restrictions and regulations) or applicable laws in any other jurisdiction.
4.3. BY DOWNLOADING, INSTALLING, OR OTHERWISE USING THE SERVICES, THE PREMIUM SERVICES AND THE PLATFORM, YOU REPRESENT THAT YOU ARE AT LEAST 14 YEARS OF AGE, THAT YOUR PARENT OR LEGAL GUARDIAN AGREES TO BE BOUND BY THESE TERMS IF YOU ARE BETWEEN 14 AND THE AGE OF LEGAL MAJORITY IN YOUR JURISDICTION OF RESIDENCE, AND THAT YOU HAVE NOT BEEN PREVIOUSLY REMOVED FROM AND ARE NOT PROHIBITED FROM RECEIVING THE SERVICES OR THE PREMIUM SERVICES.
6.Registration and account
5.1. In order to use the Platform and any of the functionalities of the Services and the Premium Services, We will require You to create your own personal account (the “Account”) by providing Us with a nickname, an e-mail, a password, in case you contract the Premium Services, banking, wallet, or credit card information to process the payments and some additional personal data, if applicable, which will always be treated according to our Privacy Policy. Such Account shall be personal and its access information strictly confidential and, hence, You are fully responsible of the activity occurring under your Account and We shall not be liable for any loss or damages that You may suffer as a result of someone else using your Account and/or accessing or using your content. Likewise, You shall be liable for any losses or damages caused under the use of your Account, regardless if it is being used by a third party. To maintain control over your Account You must take precautionary measures to prevent anyone from accessing your Account, such as maintaining control over the devices that You use to access your Account or not revealing your password. You are responsible for updating and maintaining the accuracy of the information You provide to Us relating your Account. You agree to notify Us immediately the email address detailed in Clause 18. below if You discover any unauthorized use of your Account or login credentials. We can terminate your Account or place your Account on hold in order to protect You, We or our partners from an identity theft or other fraudulent activity.
6.2. We may permit You to register for and log on to the Services via certain third-party services (i.e. Facebook, Google or Apple). The third party’s collection, use, and disclosure of your information will be subject to that third-party service’s privacy notice.
In the event You wish to create an account with EtherMail via a third party, You will have to share your Facebook, Google or Apple profile with EtherMail, from which EtherMail will obtain some of the information required for the creation of the Account, as well as the additional information that You authorise EtherMail to access. Once you have your Account created though this procedure, and subject to the terms and conditions set forth in these Terms, You may have access to the Services.
However, please note that during this process the Company will process Your data in an encrypted format from which EtherMail will not be able to extract and store any information from You, except that necessary for the creation of the Account. Accordingly, EtherMail will only have access to Your information and may share it with third parties if authorised by You.
7.Account upgrade and Premium Services cancellation
7.1. If You want to upgrade your Account and sign up for Premium Services, You will need to access the Platform and follow the described process that is in force on the web at any given time. In the event that the upgrade process of your Account requires a third party to carry out any part of the process, the terms and conditions of that third party shall apply.
7.2. You can subscribe to Premium Services with an annual or monthly based plan. The subscription to the Premium Services will automatically renew each month or year unless there is any communication from You.
7.3. If You do not want your Premium Services plan to renew, You need to cancel your plan before the end of your subscription period, communicating your intention to cancel the Premium Services in writing to the following email address support@ethermail.io or on the platform. In the case of the annual plan, You will have to communicate it 30 days before the end of the contracted year and, for the monthly subscription, You will be able to cancel the subscription for the following month at any time.
6.Sign in with EtherMail
8.1. EtherMail will provide a sign in service in the app or website of some selected partners, by which You will be able to access your account on that app or website using your EtherMail Account (the “Sign in with EtherMail”). Therefore, to use Sign in with EtherMail, You need to have an Account.
8.2. Sign in with EtherMail helps you easily and securely sign in to third-party apps, website or services with your Account. You can use your Account to sign into third-party apps or services in two (2) ways:
(i) Sign in with EtherMail button8.3. Sign in with EtherMail, uses your Account only to allow EtherMail selected partners’ websites and apps to authenticate You and create an account based on the information EtherMail shares from your Account.
8.4. therMail will never share any security authentication parameters such as passwords or signatures with a third party. When you consent to share information with the third party, the information we share includes your EtherMail Account direction, public blockchain information and, if consented, other User information.
If you have concerns about a third party’s privacy or data sharing policies, you can stop using Sign in with EtherMail with their website or app. Once you consent to share your data, it is controlled by the third party and becomes their responsibility to manage. For more information, check the third party’s privacy policy.
9.Access and use restrictions
9.1. The use of the Platform, the Services and the Premium Services shall be restricted to the stated purpose. Accordingly, You shall not use the Platform, the Services or the Premium Services: (i) in any way that implies a breach of these Terms; (ii) in any way that violates any applicable law or regulation; (iii) to distribute or send spam or unsolicited commercial mails; (iv) to violate any anti-spam law or regulation; (v) to send unauthorized email or to distribute the email addresses of any person without their consent; (vi) to transmit viruses, malware, worms, defects, Trojan horses, corrupted files, or any other items of a destructive or deceptive nature; (vii) to distribute content that harms or interferes with the operation of networks, servers, or other infrastructure belonging to Us or others; (viii) to harass, intimidate or threaten others; (ix) to promote, organize, or engage in unlawful activities; (x) to send messages to trick, mislead, or deceive other users into sharing information under false pretenses; and/or (xi) to create accounts by automated means or buy, sell, trade, or re-sell accounts to others.
9.2. Furthermore, You should not infringe on the intellectual property rights of others, including patent, trademark, trade secret, or other proprietary rights. You are also not allowed to encourage or induce others to violate intellectual property rights.
9.3. Finally, You shall use the Services and the Premium Services to remain active. Activity includes accessing the Services, the Premium Services or its content at least every day. We may take action on inactive accounts, which may include deleting your messages from the Platform.
10.Use of Devices
10.1. Access to the Services, the Premium Services and the Platform may require the use of your personal computer or mobile device, as well as communications with or use of space on such devices. You are responsible for any Internet connection or mobile fees and charges that You incur when accessing the Services and the Premium Services. Likewise, access may require use of metamask or other wallet.
10.2. Access to the Platform, the Services and the Premium Services may not be legal by certain persons or in certain countries. You shall be the one responsible for compliance with the laws that You may be subject to. The Company therefore disclaims all liability for access by Users in jurisdictions where the use of the Platform, the Services or the Premium Services could be contrary to the rules or regulations. Certain products and services may not be available or authorized in all jurisdictions or for all persons. Furthermore, the Company does not guarantee that the Platform, the Services and the Premium Services complies, totally or partially, with the legislations of your country.
11.Fees and payment conditions
11.1. We reserve the right to charge fees (the “Fees”) for use of or access to the Services (and any associated support), whether currently in existence or not, in our sole discretion. If we decide to charge Fees, our payment terms will apply, and We will provide you with prior notice.
11.2. We will charge You Fees for use of or access to the Premium Services (and any associated support) according to the prices and plans advertised on the Ethermail web site at any given time. We will inform You of the Fees that We will charge You for Premium Services at the time of contracting them and, in the event of a modification in the Fees, We will inform You in due time and by means that ensure your notification, using the channels available through your Account. Fees will be reflected on the Platform at all times and may be modified by Us at any time.
11.3. Depending on the plan You have contracted, Fees will be charged on a monthly or yearly basis directly to the bank account that You have indicated to us at the time of contracting the Premium Services.
11.4. Failure to pay the Fees shall constitute a breach of this Annex and shall result in the immediate suspension of Premium Services. In order to reactivate Premium Services, You will need to pay the unpaid Fees and notify Us in writing to the following e-mail address: support@ethermail.io.
From the payment of the unpaid Fees and the receipt of the written notification, We commit to reactivating the Premium Services within a period of up to thirty (30) days, without the failure to meet this deadline constituting a breach of this clause. Please contact Us if your Premium Services have not been reactivated after this period.
11.5. You agree to pay Us for any other fee-based Services you purchase from Us, as well as all other charges incurred under your Account, including applicable taxes and fees. You are responsible for all charges incurred under your Account, including purchases made by You or anyone You allow to use your Account or any sub-or linked accounts (including any person with implied, actual, or apparent authority) or anyone who gains access to your Account as a result of your failure to safeguard your authentication credentials.
12.Termination
12.1. To the fullest extent permitted by applicable law, the Company reserves the right, without notice and in our sole discretion, to terminate your license to use the Services, the Premium Services and the Platform and to block or prevent your future access to and use of the Services, the Premium Services or the Platform, including where we reasonably consider that: (a) your use of the Services, the Premium Services or the Platform violates these Terms or applicable law; (b) you fraudulently use or misuse the Services, the Premium Services or the Platform; or (c) we are unable to continue providing the Services or the Premium Services to you due to technical or legitimate business reasons. Our right to terminate your license includes the ability to terminate or to suspend your access to any purchased products or services, including any subscriptions or accounts. To the fullest extent permitted by applicable law, your only remedy with respect to any dissatisfaction with: (i) the Services or the Premium Services, (ii) any term of these Terms, (iii) any policy or practice of the Company in operating the Services or the Premium Services, or (iv) any content or information transmitted through the Services or the Premium Services, is to terminate your Account and to discontinue use of any and all parts of the Services, the Premium Services or the Platform.
13.Limitations of warranties
13.1. The Services, the Premium Services, the Platform and all information, products and services provided through them are provided on an "as is" and "as available" basis, and We expressly disclaim all express or implied warranties of all kinds, including but not limited to the implied warranties of accuracy, validity reliability, availability, suitability or completeness of any information, content or data provided through the Platform, the Services or the Premium Services and, therefore, in no event, We will be liable, whether in contract or tort, for any claim, loss, damage, liability, cost or expense of any kind, whether direct or indirect (including damages for loss of business, revenues, profits, data, use, goodwill or other intangible losses) or any other damages of any kind related to You caused from or related to the access or use of the Platform, the Services or the Premium Services or relying on the content of the Platform, the Services and the Premium Services.
Likewise, We make no warranty that the Platform, the Services, the Premium Services or the products will meet your requirements, be safe, secure, uninterrupted, timely, accurate, or error-free, or that your information will be secure.
We are not responsible for the content, data, or actions of third parties and You release Us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim You have against any such third parties. No advice or information, whether oral or written, obtained by You from Us or through or from our services creates any warranty not expressly stated in these Terms.
Any material downloaded or otherwise obtained through the Platform, the Services, the Premium Services or the server that makes it available, is done at your own discretion and risk, and You will be solely responsible for any damage to your computer system or loss of data, assets or any other kind of loss that results from the download of or access to any such material, as We cannot guarantee that they are free of viruses, worms, trojan horses or other harmful components. You agree that We have no responsibility or liability for the deletion of, or the failure to store or to transmit, any content or communication maintained in the Platform, the Services or the Premium Services.
In any case, in the event of proven liability on the part of the Company, the aggregate liability of the Company whether in contract, warranty, tort (including negligence, whether active, passive, or imputed), product liability, strict liability, or other theory, arising out of or relating to the use of or inability to use the Services, the Premium Services and/or the Platform shall not exceed the amount paid by You to Us, if any, for accessing the Services or the Premium Services during the six (6) months immediately preceding the date of the claim or one hundred euros, whichever is lower. To the extent that applicable law prohibits limitation of such liability, the Company shall limit its liability to the full extent allowed by applicable law. No action or proceeding shall be brought against the Company more than one (1) year after the date on which the alleged facts occurred or were discovered.
14.Use of blockchain risks
14.1.Please be aware of the following risks when using EtherMail:
a) The legal, tax and regulatory regime applicable to blockchain technologies is uncertain and new regulations or laws may materially change the development of the business of the Company or their regulation.15.Indemnification
15.1. To the fullest extent permitted by applicable law, You will indemnify, defend and hold Us harmless and our respective past, present and future employees, officers, directors, contractors, consultants, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns from and against all claims, damages, liabilities, losses, costs and expenses (including attorneys’ fees) that arise from or relate to: (i) violation of these Terms or of the applicable law by You; and (iii) any breach of the representations or warranties granted under these Terms.
15.2. We reserve the right to take over the exclusive defense of any claim for which We may be entitled to indemnification under these Terms. In such event, You shall provide Us with such documentation and cooperation as is reasonably requested in order to carry out the abovementioned actions.
16.Intellectual property rights
16.1. The Services, the Premium Services and the Platform are owned and operated by Us. Unless otherwise indicated, all content, information, intellectual property rights and other materials on the Services, the Premium Services and the Platform, including, without limitation, Company’s trademarks and logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files, and the selection and arrangement thereof (collectively, the “Materials”) are protected by relevant intellectual property and proprietary rights and laws. All Materials are the property of the Company or its subsidiaries or affiliated companies and/or third-party licensors.
16.2. Unless otherwise expressly stated in writing by the Company, by agreeing to these Terms you are granted a limited, revocable, non-exclusive, non-sublicensable limited and non-transferable license to access and use the Services and, if contracted, the Premium Services for your personal use or internal business use only. This license is for the sole purpose of enabling You to use our Services and the Premium Services in the manner permitted by these Terms. No licenses or rights are granted to You by implication or otherwise, except for the licenses and rights expressly granted to You in the framework of these Terms.
16.3. The license detailed in the preceding paragraph is subject to these Terms and does not permit You to engage in any of the following: (a) resale or commercial use of the Services, the Premium Services or the Platform; (b) distribution, public performance or public display of any Materials; (c) modifying or otherwise making any derivative uses of the Services, the Premium Services or the Materials or the Platform, or any portion of them; (d) circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Platform or the Service; (e) use any robot, spider, scraper or other automated means to access the Platform, the Services or the Premium Services; (f) decompile, reverse engineer or disassemble any Material or other products or processes accessible through the Platform or the Service; insert any code or product or manipulate the content of the Platform, the Services or the Premium Services in any way, or use any data mining, data gathering or extraction method; (g) upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Platform, the Services or the Premium Services, including any software viruses or any other computer code, files or programs; or (h) any use of the Services, the Premium Services or the Materials or the Platform except for their intended purposes. Any use of the Services, the Premium Services or the Materials or the Platform except as specifically authorized in these Terms, without the prior written permission of the Company, is strictly prohibited and may violate intellectual property rights or other laws.
17.Data protection
17.1. The Privacy Policy describes our information practices, including the types of information We receive and collect from You, how We use and share this information, and your rights in relation to the processing of information about You. The Privacy Policy sets out the legal bases for our processing of personal information about You, including, among others, the collection, use, processing, and sharing of such information, as well as the transfer and processing of such information where We have or use facilities, service providers, affiliated companies, or partners, regardless of where you use our Services or our Premium Services.
18.Notices
16.1. All notices, notifications, consents and other communications required or permitted under this Agreement shall be made in writing and English. In particular, all notices, notifications, consents and other communications shall be sent to the following address:
The Company:
For the attention of: Customer Support
Address: Dr.Grass-Strasse 12 9490 Vaduz, Liechtenstein
Email Address: support@ethermail.io
User: email or physical address then currently associated with your Account. You will be deemed to have received all communications sent to that address even if the address is no longer current.
18.2. The Parties may change the addresses stated in this Agreement or, communicating them to the other Parties, in writing and in the form indicated in the paragraphs above.
19.Miscellaneous
19.1. Free trials: We may offer You free trials, so that You may try a fee-based Service subscription without charge or obligation (the "Free Trial"). Unless otherwise stated and unless you cancel your subscription prior to the expiration of the Free Trial, periodic subscription fees will be charged at the then-applicable rate upon expiration of the Free Trial period and will continue to be charged until the subscription is canceled. If you are not satisfied with a particular fee-based Service, you must cancel the subscription before the Free Trial ends to avoid charges. We reserve the right to limit you to one free trial or promotion of a fee-based Service and to prohibit the combining of free trials or other promotional offers.
19.2. Assignment: You shall not assign or transfer its rights or obligations under this Agreement, in whole or in part, to any third party without the prior express written consent of the Company. The Company may assign its rights and obligations under this Agreement without the consent of the User.
19.3. Modifications: We may modify, add or remove portions of these Terms and the content on the Platform, the Services and the Premium Services at any time. We will notify You before any changes of these Terms. In particular, the Company reserves the right to update and change the Terms by posting updates and changes to the website or by sending a new version of this Terms to You. You are advised to check these Terms from time to time for any updates or changes that may impact. If You do not agree to the modified Terms, You should discontinue your access and use of the Platform, the Services and the Premium Services. Your continued use and access to the Platform, the Services and/or the Premium Services following any modification to these Terms shall be deemed an acceptance of all modifications.
19.4. Force Majeure: The Company shall not be liable by reason of any failure or delay in the performance of its obligations hereunder for any cause beyond the reasonable control of the Company, including but not limited to electrical outages, failure of Internet service providers, default due to Internet disruption (including without limitation denial of service attacks), riots, insurrection, acts of terrorism, war (or similar), fires, flood, pandemics, earthquakes, explosions, and other acts of God.
20.Governing law and jurisdiction
20.1. These Terms (including Privacy Policy and Cookies Policy) and your access to, and/or use of the Platform, the Services and the Premium Services shall be governed by and construed exclusively in accordance with the laws of Liechtenstein, without giving effect to any choice or conflict of law provision or rule.
20.2. Any and all dispute, controversy, issue or claim arising out of the performance or interpretation of the Terms (including Privacy Policy and Cookies Policy), or related, directly or indirectly, to the use of the Platform, the Services and the Premium Services, and/or the provision of content and/or technology on or through the Platform, the Services and the Premium Services shall be settled by the Courts of the city of Vaduz (Liechtenstein).
Updated October 2024