Terms of Service

1. Agreement & Acceptance

1.1 Who we are. Inovamail is a privacy-first, encrypted email service (the "Service", defined in Section 3) operated by [LEGAL ENTITY NAME], a company registered in Canada with registered office at [REGISTERED ADDRESS] ("Inovamail", "we", "us", or "our"). The Service is made available at [WEBSITE URL] and through associated applications and protocols.

1.2 Acceptance. These Terms of Service (the "Terms") are a binding legal agreement between you and Inovamail. You accept these Terms by doing any of the following: (a) clicking a button or checking a box indicating acceptance (for example, "I agree" or "Create account"); (b) creating or accessing an Account; or (c) accessing or using any part of the Service, including via IMAP, SMTP, or an API. If you do not agree to these Terms, you must not use the Service.

1.3 The complete contract. These Terms incorporate by reference the following policies (together, the "Policies"), each as updated from time to time: the Privacy Policy, Acceptable Use Policy, Anti-Spam Policy, Cookie Policy, Refund Policy, Copyright/DMCA Policy, Service Level Agreement, and, where applicable to an Organization, the Data Processing Agreement ("DPA"). The Terms and the Policies together form the entire agreement between you and Inovamail regarding the Service (see Section 20.2 for order of precedence). By accepting the Terms, you also agree to comply with the Policies.

1.4 Acting for an entity. If you accept these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that you have authority to bind that entity, and "you" refers to that entity as well as to you individually where the context requires.

2. Eligibility

By using the Service, you represent and warrant that all of the following are and will remain true:

1. Minimum age. You are at least the higher of: (a) the age of majority in your province, state, or country of residence; and (b) sixteen (16) years of age. The Service is not directed to, and may not be used by, anyone below that threshold.
2. Capacity. You have the legal capacity to enter into a binding contract under the laws applicable to you.
3. Not barred. You are not prohibited from using the Service under any applicable law, court order, or prior suspension or termination by Inovamail.
4. Sanctions. You are not (i) listed on, or owned or controlled by a person listed on, any sanctions or restricted-party list maintained by Canada, the United Nations, the United States, the European Union, the United Kingdom, or any other applicable authority; and (ii) located in, organized in, or ordinarily resident in a country or territory that is subject to comprehensive embargo or sanctions where provision of the Service would be prohibited.
5. Export control. You will comply with all applicable export-control and economic-sanctions laws, including Canadian export-control law, in connection with your use of the Service, and you will not export, re-export, or provide access to the Service (including its cryptographic software) in violation of those laws.

We may decline to provide, suspend, or terminate the Service if we reasonably believe any of the above is untrue.

3. Definitions

Capitalized terms have the meanings below wherever they appear in these Terms or the Policies (unless a Policy defines a term differently for its own purposes):

• "Account" — the account you register to access and use the Service, including all addresses, aliases, keys, settings, and data associated with it.
• "Admin" — a user designated by an Organization with authority to administer that Organization, including creating, configuring, managing, suspending, or removing Member accounts, addresses, and settings.
• "Content" — all data submitted to, stored in, transmitted through, or generated in your use of the Service by or for you, including messages, attachments, contacts, keys, aliases, folders, labels, workflow configurations, and Outreach Lists.
• "Fees" — the amounts payable for a paid Plan or other paid feature, as shown on the pricing page or at checkout.
• "Member" — an individual whose Account is created under, joined to, or managed by an Organization.
• "Organization" — a workspace created within the Service by which one or more Admins manage Members, addresses, domains, and settings for a company, team, or other group.
• "Outreach List" — any list of email addresses or associated information generated, imported, or maintained by you in connection with the Outreach Tools.
• "Outreach Tools" — the Service features that discover publicly available email addresses from the public web at a rate-limited pace and permit you to send messages to addresses individually (one-by-one), as described in Section 8.
• "Plan" — a Service tier (free or paid) with the features, storage, and limits shown on the pricing page or at checkout.
• "Policies" — the documents incorporated by reference in Section 1.3.
• "Service" — the Inovamail encrypted email service and all related websites, applications, software, features (including Fortress mode, security-enforcement settings, workflows and integrations, Organizations, and the Outreach Tools), protocol access (web, IMAP, SMTP, API), documentation, and support.
• "Terms" — these Terms of Service, including the Policies incorporated by reference.
• "you" / "your" / "User" — the individual or entity that accepts these Terms, and, where applicable, the entity on whose behalf they are accepted.

4. The Service, Plans & Changes

4.1 The Service

The Service provides end-to-end ("E2E") and zero-knowledge encrypted email with related security features (including two-factor authentication with recovery codes, key verification, password-protected messages, email aliases, custom domain support, Fortress mode, security-enforcement settings, and IMAP/SMTP access with app passwords or API keys), user-configurable automated workflows and integrations, Organizations, and the Outreach Tools.

4.2 Plans and limits

The Service is offered on a free tier and one or more paid tiers, billed monthly or yearly. The features, prices, storage, address, custom-domain, alias, workflow, and support limits of each Plan are those shown on the pricing page or at checkout at the time you subscribe or renew, which control. We may enforce Plan limits technically (for example, by rate limits or storage caps) without notice.

4.3 Changes to the Service

The Service evolves. We may modify, add, replace, impose limits on, or discontinue features or the Service (in whole or in part) at any time. If a change materially and adversely reduces the core functionality of a paid Plan during a period you have already paid for, we will use commercially reasonable efforts to notify you in advance, and your remedy is set out in the Refund Policy and Section 15. We are not liable for any modification or discontinuation of the free tier or of any feature made available at no charge.

4.4 Beta and experimental features

We may offer alpha, beta, preview, early-access, or experimental features ("Beta Features"). Beta Features are optional, are provided strictly "AS IS" without any warranty or service commitment, may be changed, suspended, or discontinued at any time without notice, may be excluded from the SLA, and may contain errors. You use Beta Features at your own risk, and we have no liability arising from them to the maximum extent permitted by law.

5. Accounts & Security

1. Accurate information. You must provide accurate, current, and complete information when creating an Account and keep it up to date.
2. Credentials. You are solely responsible for safeguarding your passphrase, private keys, two-factor authentication methods, recovery codes, app passwords, and API keys, and for keeping them confidential. We strongly recommend enabling two-factor authentication and storing your recovery codes securely offline. Read Section 6 carefully: because of our zero-knowledge design, losing these credentials can mean permanently losing your data.
3. Responsibility for activity. You are responsible for all activity that occurs under your Account, whether or not authorized by you, except to the extent caused by our breach of these Terms. Anything done through your credentials is deemed done by you.
4. One human per personal Account. A personal Account is for one human being. You may not share an Account, sell, rent, or transfer it, or register Accounts by automated means. Use Organizations (Section 9) for teams. Aliases within your own Account are permitted.
5. Compromise. If you suspect your Account or credentials have been compromised, you must notify us promptly at [SUPPORT EMAIL] and take immediate steps to re-secure the Account. We may suspend or restrict an Account we reasonably believe is compromised, and we are not liable for losses arising from unauthorized use that occurs before we have received such notice and had a reasonable opportunity to act.

6. Zero-Knowledge Encryption & Irrecoverability

6.1 How zero-knowledge design works

Message content and account keys in the Service are protected with end-to-end and zero-knowledge encryption. Encryption and decryption occur using keys that only you control; your passphrase and private keys are not transmitted to or held by us in usable form. Encrypted backups of account keys remain encrypted with secrets only you hold. As a result, Inovamail cannot read your E2E-encrypted Content and cannot decrypt it, including in response to your own request, a support ticket, or a legal demand (see our Law Enforcement Guidelines).

6.2 Irrecoverability

If you lose or forget your passphrase or private key and do not have valid recovery codes or another recovery method you previously configured, we cannot reset your passphrase, recover your keys, or restore access to the data they protect. That data is irretrievably lost. This is a deliberate security property of the Service, not a defect.

6.3 Your responsibilities

• Generate, record, and securely retain your recovery codes when prompted, and after any credential change.
• Maintain your own independent copies or exports of any Content you cannot afford to lose.
• Keep your recovery methods current (for example, after changing devices or two-factor methods).

6.4 No liability for encrypted-data loss

To the maximum extent permitted by applicable law, Inovamail has no liability whatsoever for loss of, or inability to access, Content or keys resulting from a lost, forgotten, corrupted, or compromised passphrase, private key, recovery code, or other credential, or from your failure to retain recovery codes or independent copies. Nothing in this Section limits liability that cannot be excluded under applicable law (see Section 17.3).

6.5 Technical limits

Certain data required to route email over open standards (for example, message headers, sender and recipient addresses, and delivery metadata) cannot be end-to-end encrypted by any provider, and messages exchanged with third-party email services are protected only to the extent those services support encryption. Our Privacy Policy describes what data we can and cannot access. No encryption is guaranteed to be unbreakable (see Section 16).

7. Acceptable Use

7.1 Incorporated policies. Your use of the Service is subject to the Acceptable Use Policy and the Anti-Spam Policy, both incorporated into these Terms. Violating either is a material breach of these Terms.

7.2 Summary of key prohibitions. Without limiting those Policies, you must not use the Service to:

• send spam or any unsolicited bulk or commercial electronic messages, or violate CASL, CAN-SPAM, or any other anti-spam or electronic-marketing law;
• engage in phishing, fraud, impersonation, or the distribution of malware or other harmful code;
• store, send, or link to content that is illegal, that sexually exploits or endangers minors, or that infringes intellectual-property or other rights (see the Copyright/DMCA Policy);
• harass, threaten, or incite violence against any person;
• probe, scan, or test the vulnerability of, interfere with, or circumvent any security or rate-limiting feature of the Service or any other system, except as expressly permitted by our Security & Vulnerability Disclosure Policy;
• resell, sublicense, or provide the Service to third parties as a service bureau, or circumvent Plan limits (including by abusing the free tier, aliases, or multiple Accounts); or
• use the Service in violation of any applicable law.

7.3 Enforcement. We may investigate suspected violations and take any action we reasonably consider appropriate, including removing or disabling access to Content, throttling, suspending, or terminating Accounts (Section 15), and reporting to hosting providers, registrars, or law enforcement. We have no obligation to monitor Content and do not undertake to do so (Section 11.4).

8. Outreach Tools — Email Finder & Sender

8.1 Neutral instrument; your role

The Outreach Tools are a neutral technical instrument that (a) discovers email addresses already publicly available on the public web, at a rate-limited pace, and (b) lets you send messages to addresses individually, one at a time. Inovamail does not select recipients, compose messages, or initiate sending on your behalf. As between you and Inovamail, you are the sole sender of every message and the sole data controller (or equivalent responsible party under applicable law) of every Outreach List and of all personal data in it. Inovamail acts, at most, as an intermediary and processor acting on your instructions.

8.2 Your representations and warranties

Each time you use the Outreach Tools, you represent and warrant that:

1. you have a lawful basis — and any consent (express or implied) required by Canada's Anti-Spam Legislation ("CASL"), the U.S. CAN-SPAM Act, the EU/UK GDPR and ePrivacy rules, and every other anti-spam, privacy, or electronic-marketing law applicable to you or the recipient — for each message you send and each address you collect, store, or contact;
2. your messages are truthful and not misleading, including sender information, header information, and subject lines;
3. you will comply with the Anti-Spam Policy and the sending practices in Section 8.4; and
4. you are not acting on behalf of, or for the benefit of, any person who could not truthfully make these representations.

8.3 Prohibited uses

You must not, directly or indirectly:

• use the Outreach Tools (or any output of them) for bulk, mass, or unsolicited commercial messaging of any kind;
• harvest addresses, or use harvested address lists, for sending unsolicited messages — Canada's federal privacy law (PIPEDA), as amended by section 82 of CASL, restricts the collection of electronic addresses by automated means and the use of addresses so collected, and such conduct is grounds for immediate termination;
• conduct dictionary attacks or otherwise generate or guess addresses by automated means;
• send messages with false or misleading sender identities, headers, or subject lines;
• ignore, delay, or obstruct an unsubscribe or opt-out request, or send to any person who has opted out or asked you to stop;
• circumvent, or attempt to circumvent, the Outreach Tools' rate limits or one-by-one sending design, including by scripting, batching, parallel Accounts, or any other means;
• use the Outreach Tools to evade another provider's anti-spam, filtering, or security controls; or
• contact addresses in jurisdictions or categories (for example, minors) where you know or ought to know contact is unlawful.

8.4 Required sending practices

When sending any message using the Outreach Tools, you must:

• accurately identify yourself (and any person on whose behalf you send) as the sender, with valid, functioning contact information;
• include a valid physical mailing address where applicable law (for example, CAN-SPAM or CASL) requires one;
• include a clearly presented, functioning unsubscribe mechanism where required, and honour every unsubscribe or opt-out request promptly and in any event within the shortest period required by applicable law (for example, 10 business days under CASL);
• respect the rate limits and sending cadence built into the Service; and
• keep records sufficient to demonstrate your lawful basis or consent for each recipient, and produce them to us on reasonable request in connection with an abuse investigation.

8.5 Our enforcement rights

We may, at any time and without liability to you: throttle or further rate-limit the Outreach Tools; require additional verification; remove or quarantine Outreach Lists; suspend or terminate your access to the Outreach Tools or the Service (Section 15); and report conduct to, and cooperate with, regulators (including the CRTC), law enforcement, and affected mail providers. Abuse reports may be sent to [ABUSE EMAIL].

8.6 No guarantee; indemnity

Addresses surfaced by the Outreach Tools are gathered from the public web as-found. We do not warrant that any address is accurate, current, deliverable, associated with any particular person, or lawful for you to contact, and we make no warranty as to deliverability, inbox placement, or outcome of any outreach. You will indemnify Inovamail for all claims arising from your use of the Outreach Tools as set out in Section 18.

9. Organizations

9.1 Admin authority

An Organization is created and administered by one or more Admins. Each Admin represents and warrants that they are authorized to act for the Organization, and every action taken by an Admin binds the Organization, including accepting these Terms and the DPA, managing Plans and billing, and creating, configuring, suspending, or removing Member accounts, addresses, domains, and settings. We are entitled to rely on Admin instructions as instructions of the Organization.

9.2 Organization responsibility for Members

The Organization is responsible for: (a) its Members' compliance with these Terms and the Policies, and all use of the Service under its Organization, whether or not authorized; (b) obtaining any consents, and giving any notices, required by applicable law (including employment and privacy law) for administering Member accounts and processing Member and contact personal data through the Service; and (c) all Fees for the Organization's Plan.

9.3 Ownership and control of Organization data

As between the Organization and a Member: Accounts, addresses, aliases, custom domains, and Content provisioned under the Organization are under the Organization's control, and the Organization may access, manage, restrict, reassign, export, or delete them to the extent the Service's features and the Organization's own policies permit. Each Member acknowledges this control and that their use of an Organization-provisioned Account is subject to the Organization's internal policies. Any dispute between an Organization and a Member regarding data ownership, access, or control is between them; Inovamail may follow the instructions of the Organization's Admins without liability to Members. Note that zero-knowledge encryption (Section 6) applies equally within Organizations: neither Inovamail nor an Admin can decrypt E2E-encrypted Content without the applicable keys, and lost Member credentials may render Content irrecoverable.

9.4 Data processing

Where Inovamail processes personal data on behalf of an Organization as a processor or service provider, the Data Processing Agreement applies and is incorporated into these Terms for that Organization. The Organization is the controller (or business) for Member and contact personal data it puts into the Service.

10. Workflows & Integrations

1. Your configurations, your risk. The Service lets you configure automated workflows (including email-triggered automations) and connect third-party applications and services ("Integrations"). You are solely responsible for the design, configuration, testing, and consequences of your workflows and Integrations, including messages sent, data shared, actions triggered, and any resulting loss. Automations act on your standing instructions; anything they do is deemed done by you.
2. Authorization. You authorize Inovamail to access, process, and transmit your Content and Account data to the extent required to execute the workflows and Integrations you configure, including exchanging data with the third-party services you connect.
3. Third-party services. Integrations depend on third-party services we do not control. Their availability, behaviour, security, and data handling are governed solely by their own terms and policies (Section 14). We are not responsible for any act, omission, outage, API change, or data practice of a third-party service, or for workflows failing or misfiring as a result.
4. Protocol and API access. Access via IMAP, SMTP, app passwords, or API keys is part of the Service and subject to these Terms, including the Acceptable Use and Anti-Spam Policies and all rate and Plan limits. You are responsible for securing any client, device, or software you connect, and for all traffic sent under your credentials. We may modify or revoke protocol or API access that we reasonably believe is abusive or a security risk.

11. User Content & Licence

11.1 You own your Content

You retain all ownership and intellectual-property rights in your Content. Nothing in these Terms transfers ownership of your Content to us.

11.2 Licence to us

You grant Inovamail a limited, non-exclusive, worldwide, royalty-free licence to host, store, cache, reproduce, process, transmit, back up, and display your Content — solely to the extent necessary to (a) operate, provide, secure, and maintain the Service (including routing and delivering email and executing your workflows), (b) prevent or address abuse, security, or technical issues, (c) comply with applicable law, and (d) as otherwise instructed or permitted by you. E2E-encrypted Content is handled in encrypted form and remains unreadable to us (Section 6). This licence ends when the Content is deleted from the Service, except for transient or backup copies retained for a limited period in the ordinary course, and residual copies we must retain to comply with law.

11.3 Your warranties

You represent and warrant that you have all rights necessary in your Content to grant the licence above, and that your Content and your use of it through the Service do not and will not violate any law or infringe or misappropriate any third party's rights.

11.4 No obligation to monitor

We have no obligation to monitor, review, or filter Content, and given the Service's encryption design we are generally unable to do so for E2E-encrypted Content. However, we may remove, disable access to, quarantine, or refuse to transmit any Content or traffic where we become aware that it violates these Terms, the Policies, or applicable law, or where we are required to act by law or a competent authority, without liability to you.

12. Fees, Billing & Renewal

1. Fees. Paid Plans are charged at the prices, in the currency, and for the billing cycle (monthly or yearly) shown on the pricing page or at checkout at the time of purchase or renewal, which control. Except as stated in the Refund Policy or required by law, Fees are non-refundable and payment obligations are non-cancellable for the current cycle.
2. Automatic renewal. Paid Plans renew automatically at the end of each billing cycle for a further cycle of the same length, at the then-current price, until you cancel. You may cancel at any time via your Account settings, effective at the end of the current cycle. Where applicable law requires specific renewal notices or consents (for example, for consumers in certain provinces or states), we will provide them, and this clause applies only to the extent permitted.
3. Payment authorization. You authorize us and our payment processors to charge your designated payment method for all Fees, applicable taxes, and renewal charges when due, and to retry failed charges. You must keep your payment information current.
4. Taxes. Fees are exclusive of taxes unless stated otherwise. You are responsible for all applicable taxes, duties, and government charges (other than taxes on our income), which we may collect where required.
5. Price changes. We may change prices or Plan features. Price changes to an existing paid subscription take effect at the start of your next billing cycle, and we will give you advance notice (at least 30 days for yearly plans, or as required by law). If you do not agree, cancel before the change takes effect.
6. Trials and promotions. Free trials or promotional pricing convert to the applicable paid price at the end of the trial or promotional period unless you cancel first. Trial terms shown at sign-up control.
7. Upgrades and downgrades. Upgrades take effect immediately, with any unused portion of the prior Plan prorated or credited as shown at checkout. Downgrades take effect at the next billing cycle; downgrading may reduce storage, addresses, aliases, domains, workflow, or other limits, and you are responsible for exporting or reducing data before a downgrade — data or features exceeding the new Plan's limits may be restricted, suspended, or (after notice) deleted.
8. Failed payment. If a charge fails, we may retry, notify you, and suspend or restrict paid features or the Account until payment is made. Continued non-payment is grounds for termination under Section 15, subject to the data-export window there.

13. Intellectual Property

1. Our property. The Service — including all software, applications, interfaces, designs, documentation, and the Inovamail name, logo, and other trademarks — is owned by [LEGAL ENTITY NAME] or its licensors and is protected by intellectual-property laws. Except for the limited licence in this Section, no rights in the Service are granted to you, whether by implication, estoppel, or otherwise.
2. Your licence to use the Service. Subject to these Terms and payment of applicable Fees, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to access and use the Service for your own internal or personal purposes during the term of these Terms.
3. Restrictions. You must not copy, modify, create derivative works of, distribute, sell, rent, lease, sublicense, or publicly display the Service or any part of it; remove or alter proprietary notices; or reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service, except to the extent applicable law expressly permits such activity notwithstanding this restriction (in which case you must first request the relevant information from us).
4. Feedback. If you provide suggestions, ideas, or other feedback about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free, sublicensable licence to use it for any purpose without obligation or compensation to you.
5. Third-party components. The Service may include third-party or open-source components governed by their own licence terms, which apply to those components.

14. Third-Party Services & Links

The Service may interoperate with, link to, or enable connections to third-party websites, applications, and services (including Integrations under Section 10 and third-party email providers involved in delivering your messages). We do not control and are not responsible for third-party services, their availability, security, content, or data practices, and a link or integration is not an endorsement. Your use of any third-party service is at your own risk and governed solely by that third party's terms and policies. To the maximum extent permitted by law, we have no liability arising from your use of, or inability to use, any third-party service.

15. Suspension & Termination

15.1 By you

You may stop using the Service and close your Account at any time via your Account settings. Closing your Account does not entitle you to a refund except as set out in the Refund Policy or required by law.

15.2 By us — suspension

We may suspend, restrict, throttle, or quarantine your Account, specific features (including the Outreach Tools, workflows, or protocol access), or specific Content, immediately and without prior notice, where we reasonably suspect: (a) a breach of these Terms, the Acceptable Use Policy, or the Anti-Spam Policy; (b) illegal activity; (c) a security compromise or risk to the Service, our infrastructure, deliverability, or other users; (d) non-payment; or (e) that suspension is required by law or a competent authority. Where practicable, we will notify you of a suspension and, if the issue is curable, give you an opportunity to cure it.

15.3 By us — termination

We may terminate these Terms and your Account: (a) immediately for material breach (including any violation described in Sections 7 or 8), illegal use, sanctions or export-control issues (Section 2), or repeated or uncured violations; (b) immediately if required by law; or (c) for convenience on at least 30 days' notice, in which case we will refund the prorated unused portion of any prepaid Fees for the terminated period.

15.4 Effect of termination; data export

On termination or expiry: your licence to use the Service ends; access to the Account ceases; and outstanding Fees become due. Except where we terminate for a serious violation (such as spam, illegality, or security abuse), where the law forbids it, or where technical constraints prevent it, we will make a reasonable data-export window of at least 30 days available for you to export your Content, after which we may permanently delete it in accordance with the Privacy Policy. Remember: E2E-encrypted Content can only be exported in usable form with your keys — we cannot decrypt it for you (Section 6).

15.5 No liability; survival

To the maximum extent permitted by law, we are not liable to you or any third party for any good-faith suspension, restriction, or termination under this Section. Sections 3, 6.4, 8.2, 8.6, 11 (to the extent of accrued rights and post-termination retention), 12 (accrued Fees), 13, 14, 15.4, 15.5, 16, 17, 18, 19, 20, and 21 survive termination.

16. Disclaimer of Warranties

Without limiting the above, and to the maximum extent permitted by law, we do not warrant that: (a) the Service will be uninterrupted, timely, secure, or error-free, or that defects will be corrected; (b) any message will be sent, received, delivered, or retained, or will reach any inbox rather than a spam folder; (c) any encryption or security feature is infallible or immune to compromise, including by flaws in cryptographic algorithms, endpoint compromise, or advances in computing; (d) any address, result, or output of the Outreach Tools is accurate, deliverable, or lawful to contact (Section 8.6); or (e) the Service will meet your requirements or be fit for any particular regulatory regime. Any service-availability commitments we make are set out exclusively in the SLA, and the remedies there are your sole remedies for availability failures.

Statutory rights. Some jurisdictions do not allow the exclusion of certain warranties or conditions, or provide consumers with statutory rights and legal warranties (including under provincial consumer-protection legislation in Canada, such as Quebec's Consumer Protection Act) that cannot be excluded. Nothing in this Section excludes, restricts, or modifies any right or remedy you have under applicable law that cannot lawfully be excluded; the disclaimers above apply only to the maximum extent permitted.

17. Limitation of Liability

17.3 Exceptions — where limits do not apply

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including: (a) liability for fraud or fraudulent misrepresentation; (b) liability for death or personal injury caused by negligence; (c) in Quebec, liability for bodily or moral injury, or for damage caused by an intentional or gross fault (faute intentionnelle ou faute lourde); and (d) any non-excludable statutory rights or remedies of consumers, including under Quebec's Consumer Protection Act and comparable consumer-protection legislation elsewhere. If you are a consumer in a jurisdiction whose law prohibits some or all of Sections 17.1–17.2, those provisions apply to you only to the extent permitted there.

17.4 Basis of the bargain

You acknowledge that the Fees reflect the allocation of risk in this Section and Section 16, and that the Service (including its free tier and its zero-knowledge design, which puts key custody in your hands) would not be offered on these terms without these limitations. Each provision of Sections 16 and 17 is severable and applies even if a limited remedy fails of its essential purpose.

18. Indemnification

To the maximum extent permitted by applicable law, you will defend, indemnify, and hold harmless Inovamail, its affiliates, and their respective directors, officers, employees, contractors, and agents (the "Indemnified Parties") from and against any and all third-party claims, demands, investigations, and proceedings, and all resulting liabilities, damages, fines, penalties, costs, and expenses (including reasonable legal fees), arising out of or relating to:

1. your Content, Outreach Lists, or anything transmitted through your Account;
2. your use of the Outreach Tools, including any alleged violation of CASL, CAN-SPAM, GDPR/ePrivacy, or any other anti-spam, privacy, or marketing law;
3. your workflows, Integrations, or use of third-party services;
4. your breach of these Terms, the Policies, or any representation or warranty in them;
5. your violation of any law or of any third party's rights; or
6. in the case of an Organization, any act or omission of its Admins or Members, or any dispute between the Organization and a Member.

We may, at our option, assume the exclusive defence and control of any matter subject to indemnification (at your expense), in which case you will cooperate fully. You may not settle any indemnified claim in a way that imposes any obligation or admission on an Indemnified Party without our prior written consent. This Section does not apply to consumers to the extent applicable consumer-protection law prohibits such an indemnity.

19. Governing Law & Dispute Resolution

19.1 Governing law

These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the Province of [PROVINCE] and the federal laws of Canada applicable therein, without regard to conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. If you are a consumer, this choice of law does not deprive you of mandatory protections of the law of your place of habitual residence.

19.2 Informal resolution first (mandatory)

Before starting any arbitration or court proceeding (other than the carve-outs in Section 19.5), the complaining party must send a written description of the dispute to the other — to us at [LEGAL EMAIL], or to you at your Account email — and both parties must attempt in good faith to resolve it for at least 30 days from receipt of that notice. Most disputes are resolved this way.

19.3 Binding arbitration

If a dispute is not resolved under Section 19.2, it will be finally resolved by binding arbitration administered by [ARBITRATION BODY] under its rules in force when the arbitration begins, before a single arbitrator, seated in [ARBITRATION SEAT], conducted in English (subject to any right you have under applicable law to proceed in French). The arbitration and any award will be kept confidential to the extent permitted by law. Judgment on the award may be entered in any court of competent jurisdiction. The arbitrator has exclusive authority to resolve disputes about the interpretation, applicability, or enforceability of this arbitration agreement, except that a court decides the enforceability of the class-action waiver in Section 19.4.

19.5 Carve-outs and where these limits do not apply

• Small claims. Either party may bring an individual claim in a small-claims court of competent jurisdiction instead of arbitration.
• Injunctive and IP relief. Either party may seek injunctive or other equitable relief in court to protect its intellectual property, its confidential information, or the security and integrity of the Service, without first following Sections 19.2–19.3.
• Consumers and other protected users. If you are a consumer, or are in a jurisdiction, where mandatory law does not permit pre-dispute binding arbitration, a class-action waiver, or this choice of forum (for example, consumers in Quebec under the Consumer Protection Act, or consumers in the EU or UK entitled to sue at home), then to that extent Sections 19.3 and 19.4 do not apply to you, and those disputes will be resolved by the courts of the Province of [PROVINCE] — or by the courts (or applicable dispute-resolution bodies) of your place of residence where mandatory law so requires.

19.6 Time limit on claims

Except where applicable law does not permit the shortening of a limitation or prescription period, any claim arising out of or relating to these Terms or the Service must be commenced within one (1) year after the claim accrued; otherwise it is permanently barred. Where the law prescribes a minimum period that cannot be shortened, that minimum applies.

20. General

1. Changes to these Terms. We may update these Terms and the Policies from time to time. For material changes we will give reasonable advance notice (for example, by email to your Account address or an in-Service notice) before the changes take effect, and where law requires a specific notice period or form (including for Quebec consumers) we will comply. Your continued use of the Service after the effective date of updated Terms constitutes acceptance. If you do not agree, you must stop using the Service and may close your Account before the changes take effect; if you are on a paid Plan and a material adverse change takes effect during your paid period, you may cancel and the Refund Policy governs any refund of the unused portion.
2. Entire agreement; order of precedence. These Terms (including the Policies) constitute the entire agreement between you and Inovamail regarding the Service and supersede all prior or contemporaneous understandings. If there is a conflict, the following order of precedence applies, each within its subject matter: (a) any written agreement or order form signed by both parties; (b) the DPA (for personal-data processing it covers); (c) these Terms; (d) the other Policies. No terms in any purchase order or similar document you issue apply.
3. Severability. If any provision of these Terms is held invalid or unenforceable, it will be enforced to the maximum extent permissible and, if necessary, deemed modified to the minimum extent required to make it enforceable; the remaining provisions remain in full force.
4. Assignment. We may assign these Terms, in whole or in part, without your consent, including to an affiliate or in connection with a merger, acquisition, reorganization, or sale of assets. You may not assign or transfer these Terms or your Account without our prior written consent; any attempted assignment in violation of this clause is void.
5. No waiver. A failure or delay by either party to enforce any provision is not a waiver of it or of any other provision. A waiver is effective only if in writing.
6. Force majeure. We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including acts of God, natural disasters, epidemics, war, terrorism, civil unrest, labour disputes, power or internet failures, denial-of-service or similar attacks, failures of upstream providers, or acts of government.
7. Notices. We may give you notices by email to your Account address, by in-Service message, or by posting to [WEBSITE URL]; notices are deemed received when sent or posted. You must send legal notices to us in writing to [LEGAL EMAIL] or to [NOTICE ADDRESS], and they are deemed received on confirmed delivery. Keep your Account email current; you are responsible for notices sent to it.
8. Language. To the extent permitted by applicable law, the parties confirm that it is their express wish that these Terms and all related documents be drawn up in English. Dans la mesure permise par la loi applicable, les parties confirment leur volonté expresse que les présentes conditions ainsi que tous les documents qui s'y rattachent soient rédigés en anglais. Users in Quebec may request a French-language version of these Terms and the Policies by writing to [LEGAL EMAIL], and where applicable law (including the Charter of the French language) requires that a French version be provided or presented first, we will comply, and this clause applies only to the extent permitted.
9. Export and sanctions compliance. The Service, including its encryption software, may be subject to Canadian and other export-control and sanctions laws. You must comply with all such laws and with Section 2, and you may not permit access to or use of the Service in violation of them.
10. Relationship; third-party beneficiaries. The parties are independent contractors; these Terms create no partnership, joint venture, agency, or employment relationship. Except for the Indemnified Parties under Section 18 and the beneficiaries of the disclaimers and limitations in Sections 16 and 17, there are no third-party beneficiaries of these Terms.
11. Interpretation. Headings are for convenience only. "Including" means "including without limitation".

21. Contact

Questions about these Terms or the Service:

• Operator: [LEGAL ENTITY NAME] (operating as Inovamail), registered in Canada
• Registered office / notices: [REGISTERED ADDRESS]
• Legal: [LEGAL EMAIL]
• Support: [SUPPORT EMAIL]
• Abuse reports (spam, misuse of Outreach Tools): [ABUSE EMAIL]
• Privacy: [PRIVACY EMAIL] (see the Privacy Policy)