Terms of Service

01Who we are

OpenEmail SA. Via Ernesto Bosia 5c, 6900 Paradiso, Switzerland. Contact: hello@open.email.

02The Service

OpenEmail lets you run a real mailbox on your own domain, operated over HTTP. You can create mailboxes and send, receive, and manage email by API and through standard email clients, for humans and agents alike. We may update, change, or discontinue parts of the Service at any time.

03Eligibility

You must be at least 18 years old to use the Service. By using it, you confirm that you are at least 18 and have the legal capacity to enter into these Terms. If you use the Service on behalf of an organization, you confirm that you are authorized to bind that organization to these Terms.

04Your account

You are responsible for:

• Providing accurate, current information when you register.
• Keeping your sign-in credentials and API keys confidential.
• All activity that occurs under your account.

Notify us immediately at support@open.email if you suspect unauthorized use of your account.

05Acceptable use

You agree to use the Service only for lawful purposes. You must not:

• Harass, intimidate, impersonate, or deceive others, or misrepresent your affiliation with any person or entity.
• Send spam, unsolicited bulk email, or otherwise violate applicable anti-spam laws.
• Send phishing messages, or any communication designed to trick recipients into revealing credentials, payment details, or other sensitive information.
• Send bulk or marketing email to recipients who have not consented to receive it, or without a working and honored unsubscribe mechanism.
• Use the Service for illegal or fraudulent activity.
• Knowingly upload or transmit viruses, malware, or other harmful code for malicious purposes.
• Operate the Service as an open relay or open proxy, or otherwise let unauthenticated third parties send mail through your account.
• Use a domain with the Service that you do not own or are not authorized to use.
• Attempt to gain unauthorized access to, interfere with, or disrupt the Service, its servers, or connected networks.
• Circumvent rate limits, quotas, or other technical restrictions, or place an unreasonable load on the Service.

We have a zero-tolerance policy toward child sexual abuse and exploitation. Any such content or conduct will result in immediate termination and reporting to the relevant authorities.

We may remove content or suspend or terminate accounts that violate this section. Where it is practical to do so, we will give you notice and a chance to put things right first, and you may appeal any action by contacting support@open.email. We may act immediately and without notice where the violation involves child sexual abuse material, fraud, active abuse, or a threat to the security or integrity of the Service or its users.

06Your content

You retain ownership of the content you create, send, or store through the Service ("Your Content").

To operate the Service, you grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, and transmit Your Content solely to provide, secure, and maintain the Service, for example to deliver your email to its recipients.

Spam and abuse filtering. We use message data to build, train, and improve the spam, malware, and abuse detection models that protect the Service and the people who use it. Where it is practical to do so, we use aggregated, de-identified, or structural signals rather than message contents for this purpose.

What we do not do. We do not use Your Content to train general-purpose or foundation AI models. We do not sell Your Content, share it with advertisers, or use it to build advertising or marketing profiles. Our staff do not read your messages, except where you ask us to in support, where we are investigating a specific abuse or security incident, or where we are legally required to.

You are responsible for Your Content and confirm that you have the rights necessary to share it. We do not claim ownership of Your Content.

07Privacy

Our Privacy Policy explains how we collect and use your personal data. By using the Service, you agree to our Privacy Policy.

08Data protection and your users' data

Where you use the Service to process personal data on behalf of other people, for example mailboxes you operate for your own customers, employees, or users, you are the data controller and we are your processor under the GDPR and the Swiss FADP.

In that role we process that data only on your documented instructions, as set out in these Terms and in our Data Processing Agreement, except where we are required to act by law. Our Data Processing Agreement covers our subprocessors, our security measures, and the Standard Contractual Clauses where they apply. Request it at privacy@open.email.

We act as a controller, not as your processor, for the limited purpose of the spam, malware, and abuse filtering described in Section 6, and for the account and usage data described in our Privacy Policy. For that purpose we rely on our legitimate interest, and yours, in keeping the Service and its users secure.

You are responsible for having a lawful basis for the personal data you process through the Service, and for meeting your own obligations to the people whose data it is.

09Intellectual property

The Service, excluding Your Content, including all software, branding, and trademarks, is owned by us and our licensors and is protected by intellectual property laws. You may not use, copy, or modify it without our prior written consent.

10Feedback

If you give us feedback or suggestions, we may use it without restriction or obligation to compensate you.

11Termination

You may stop using the Service at any time. We may suspend or terminate your access at any time if you violate these Terms or if we believe your conduct may harm the Service, other users, or us. Upon termination, your right to use the Service ends, and we may delete your account and associated data, unless we are required to retain it.

12Disclaimers

The Service is provided "as is" and "as available" without warranties of any kind, express or implied, to the maximum extent permitted by law. We do not guarantee that the Service will be uninterrupted, secure, or error-free.

13Limitation of liability

To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, or consequential damages, or for loss of profits, data, or goodwill, arising from your use of the Service.

To the maximum extent permitted by law, our total aggregate liability arising out of or relating to the Service or these Terms will not exceed the greater of the total amount you paid us for the Service in the twelve months before the event giving rise to the liability, or CHF 100.

Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for death or personal injury caused by negligence, or for fraud or willful misconduct.

14Indemnification

You will indemnify and hold us harmless from any third-party claim, demand, loss, or expense, including reasonable legal fees, arising from Your Content, your use of the Service, or your breach of these Terms or of applicable law.

15Force majeure

We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including network, infrastructure, or upstream provider failures, acts of government, natural disasters, or armed conflict.

16Governing law and jurisdiction

These Terms are governed by the laws of Switzerland, without regard to conflict of law rules. The courts of Ticino, Switzerland have exclusive jurisdiction over any dispute, unless mandatory consumer protection law in your country of residence provides otherwise.

17General

If any provision of these Terms is found to be unenforceable, the remaining provisions remain in full effect. Our failure to enforce a provision is not a waiver of our right to enforce it later.

You may not assign or transfer these Terms without our prior written consent. We may assign them to an affiliate, or in connection with a merger, acquisition, or sale of assets.

These Terms, together with our Privacy Policy and, where it applies, our Data Processing Agreement, form the entire agreement between you and us regarding the Service, and replace any prior agreements on that subject. They do not create any third-party beneficiary rights.

18Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will notify you through the Service or by other means. Your continued use of the Service after changes take effect means you accept the revised Terms.

19Contact us

Questions about these Terms? Contact us at:

OpenEmail SA. Via Ernesto Bosia 5c, 6900 Paradiso, Switzerland. hello@open.email.