1. Acceptance of Terms
By creating an account, accessing, or using the Service, you confirm that you have read, understood, and agreed to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Service.
2. Eligibility
You must be at least 13 years old (or the minimum age required in your jurisdiction) to use FiwiMail®. If you use the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
3. Your Account
- You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
- You must provide accurate, current information when creating an account and keep it up to date.
- We strongly recommend enabling two-factor authentication (2FA).
- Notify us immediately of any unauthorized access at security@fiwimail.com.
4. Subscriptions, Billing & Renewals
- Paid plans are billed in advance on a monthly or annual basis, in the currency listed at checkout.
- Subscriptions renew automatically at the end of each billing period unless cancelled before renewal.
- You may cancel at any time from your account settings. Cancellation takes effect at the end of your current billing period.
- All fees are non-refundable except where required by law or explicitly stated.
- We may change pricing for future billing periods with at least 30 days' notice.
5. Acceptable Use
Your use of the Service is also governed by our Acceptable Use Policy. Violation may result in suspension or termination of your account.
6. Your Content
You retain all rights to the content you store, send, or receive through FiwiMail® ("Your Content"). You grant FiwiMail® only the limited rights necessary to host, transmit, back up, and deliver Your Content to operate the Service. We do not claim ownership, do not scan content for advertising, and do not use it to train machine-learning systems.
7. Service Availability
We strive to keep the Service available 24/7 and target 99.9% uptime. The Service is provided on an "as available" basis, and we may perform scheduled maintenance, deploy updates, or experience unplanned outages. We are not liable for any unavailability outside our reasonable control.
8. Security & Privacy
We apply AES-256 encryption at rest, TLS 1.3 in transit, and a range of operational safeguards described in our Privacy Policy. No system is perfectly secure, and you remain responsible for safeguarding your password, recovery options, and devices.
9. Suspension & Termination
- We may suspend or terminate your account for material breach of these Terms or the Acceptable Use Policy, for non-payment, or to comply with legal obligations.
- You may terminate your account at any time. Upon termination, we will delete Your Content within 30 days, except where retention is legally required.
- Sections that by their nature should survive termination (e.g., intellectual property, disclaimers, limitation of liability) will continue to apply.
10. Intellectual Property
The FiwiMail® name, logo, website, software, and all associated materials are owned by FiwiMail® Inc. and protected by intellectual property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Service in accordance with these Terms.
11. Disclaimers
To the maximum extent permitted by law, the Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
12. Limitation of Liability
To the maximum extent permitted by law, FiwiMail® Inc. and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of profits, data, or goodwill, arising from or related to your use of the Service. Our total aggregate liability for any claim shall not exceed the amount you paid for the Service in the 12 months preceding the claim.
13. Indemnification
You agree to indemnify and hold harmless FiwiMail® Inc. from any claim, damage, or expense (including reasonable legal fees) arising from your violation of these Terms, your misuse of the Service, or your infringement of any third-party right.
14. Governing Law
These Terms are governed by the laws of Canada and the applicable province in which FiwiMail® Inc. maintains its principal place of business, without regard to conflict-of-laws principles. You agree to submit to the exclusive jurisdiction of the courts located in Canada for any dispute arising from these Terms.
15. Changes to These Terms
We may update these Terms from time to time. Material changes will be communicated by email or a notice within the Service at least 30 days before they take effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.
16. Contact
FiwiMail® Inc.
Email: legal@fiwimail.com
Mail: FiwiMail® Inc., Legal Department, Canada