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Terms and Conditions

September 18, 2016

Migadu.com is a straightforward email hosting service. We have built it to simplify our own projects and offer it with hopes it will be of even better service to others.

Migadu.com is run and marketed by the company AdVite GmbH, founded in the Appenzeller canton in Switzerland. Appenzeller is famous for the spicy cheese, purest beer, breath-taking nature and Migadu. You can reach us anytime via the contact page.

By using our services you agree to these terms and conditions. We take all means to keep them human readable and understandable. Please let us know if you have any questions or concerns regarding them.

Your complete satisfaction is our number one priority. Please tell us if anything falls short of your expectations so we can actually do something about it, regardless of these terms.

Migadu Terms of Service

General

Our service is provided exclusively to individuals who are at least 18 years of age, or to minors who have obtained parental consent to open and maintain an account. Each user is solely responsible for all of his or her messages sent through our service. However, as a condition for using, you agree to not use our services for any unlawful or prohibited activities. You also agree to be bound by these Terms and Conditions. We may at our sole discretion, terminate service without cause or notice. Please understand that we have to say so, but in practice we will try to keep you informed of everything that concerns your account and take aggressive actions only when absolutely necessary to protect ourselves as well our other users.

By using our services, you agree to abide by all national and international laws and regulations and to not use Migadu for illegal purposes. You also agree to not disrupt the Migadu networks and servers. You further agree to not use Migadu to send spam (junk) mail, or mailing list emails that contain persons that have not specifically agreed to be included on that list. Migadu is a quite cost inefficient choice for that anyway.

Any account found to be generating spam will be immediately locked. In response to court orders we may also terminate accounts which are being used for illegal activity. We have no obligation to store or forward the contents of terminated accounts.

Quotas

Migadu accounts are limited by daily quotas on the outgoing messages. After reaching the quota limit, you will be warned and kindly asked to upgrade to a higher plan. We will tolerate additional 25% above the quota limit. After that post-quota limit is breached, you will not be able to send out any additional messages until the end of the calendar day. This is one of our protection against spammers, as well a safeguard for our reputation. We may at our sole discretion change or remove the daily quota.

Refunds

Most of our users start on our free plan and test drive the service before continuing to a paid plan. Some stay indefinitely on the free plan.

If you sign up for one of our paid plans, and find our services unsatisfactory within the first 30 days, we do offer an unconditional 100% money back guarantee. We care deeply about providing you with the best service possible.

All our plans are pre-paid and we bill by the minute for utilization. After the initial 30 days, all sales are to be considered final for the already consumed services. We can issue a refund for the remaining funds after deducting the cost of utilization up to the point of refund. Any discount applied to your advance payment will be voided before the refund though.

Liability

Migadu.com is a service which is actively developed and maintained. It will certainly include errors. We may make improvements and changes at any time without notice. We do not make any guarantees about the reliability of the service and do not guarantee the security of user data despite best efforts.

The service is provided “as is” and you agree not to hold us responsible for any damages that arise as a result of the loss of use, data, or profits connected to the performance of this service. Furthermore, you will not hold us liable if confidential material is unintentionally released as the result of a security failure or vulnerability. For sensitive materials, please use a strong encryption scheme such as GPG.

That said, we do strive to make Migadu as reliable and secure as possible by all means.

Refusal of Service

Migadu.com has the right to refuse service without further explanations. We hope to never have to exercise that right. We are here to serve you after all, not deny service.

Indemnification

You agree that we cannot be held responsible for any third party claim, demand, or damage, including reasonable attorneys’ fees, arising out of your use of our services. You, and solely you, take responsibility for your actions while using our service.

Terms Modifications

We reserve the right to review and change this agreement at any time. You are responsible for regularly reviewing these Terms and Conditions. Continued use of our services after such changes shall constitute your consent to such changes.

Applicable Law

This agreement shall be governed in all respects by the laws of the Canton of Appenzeller, Swiss Confederation. All actions commenced pursuant hereto shall be brought in a court of competent jurisdiction residing in the Canton of Appenzeller.