Terms and Conditions

Last updated Nov 21st 2015.


By using Invmail Website, web applications and Native Applications you agree to the following Terms and Conditions of use for Invmail our any of our off-shoot products or projects launched by Invacio Holdings BVI or any of our subsidiaries

These Terms and Conditions cover all present and future features offered by your Invmail account, individually and collectively referred to as the "Service".

These terms and conditions further more regulate the owner/user relationship of the communication service of 'Invmail' ('Invacio') on www.invmail.io and www.invacio.com along with the relevant subpages (so-called second - and third-level domains, sub-domains and so on), this also includes subsidiaries or parental companies that fall under the scope of Invacio Holdings BVI.

Any deviation, contradictory, or supplementary terms and conditions, even if known, shall not become an integral part of the contract, unless Invmail has expressly agreed to such terms and conditions in writing. which shall be updated here on agreement

The user can view, print, and download these terms and conditions at any time.


This Service is provided exclusively to individuals, organisations, enterprises or other, each as accordance with the generic law across borders, are of the age of least 18 years, or in the case of minors who have pre-obtained parental consent to open and maintain an account with Invmail. Each user, organisation or enterprise is solely responsible for all the communications commenced through the Service. As a standard condition for using this Service, you agree to not use this Service for any unlawful or prohibited activities. You also agree to be bound by these Terms and Conditions. Invmail may at its sole discretion, terminate service without cause or notice. By using the Service, you agree to abide by all national and international laws and regulations and to not use Invmail for any and all illegal purposes. You also agree to not disrupt the Invmail networks and servers. You further agree to not use Invmail to communicate in a manner that can be deemed as 'Spam' or 'Junk' or 'Marketing', or to commence mailing/call/message list communications that contain individuals, organisations or enterprises that have not specifically agreed to be included on that communication list. Any account, regardless of 'free', 'premium', 'corporate' found to be generating 'nuisance communications' will be immediately restricted. Our end-user-data is stored within Switzerland, thus in response to any court orders from the Cantonal Courts of Switzerland, Invmail may also terminate accounts which are being used for activities that are considered illegal. Invmail as a organisation has no obligation to store or forward the contents of terminated accounts and note once a account is terminated all data is 'burned' immediately on the account. Invmail has no obligations to store data in any form for accounts that breach their storage quotas. Due to the zero-knowledge encryption based technology stack of Invmail, you acknowledge that Invmail has no ability or obligation to recover your data if you misplace your decryption keys or password.


Liability

Invmail is still in beta so the Service may include errors, bugs or crashes. Invmail may make improvements and changes to the Service at any time without notice. Invmail does not make any guarantees about the reliability of the Service (note we have a 99.9% uptime currently) and Invmail does not guarantee the security of user data despite best efforts. The Service is provided “as is” and you agree to not hold Invmail responsible for any damages that arise as a result of the loss of use, data, or profits connected to the performance of the Service.

Furthermore, you will not hold Invmail liable if confidential material is unintentionally released as the result of a security failure or vulnerability.

You can find out more on their wiki and here.

General Liability

The liability for claims under the Product Liability Act of Switzerland or in the context of a guarantee, which must be expressly designated as such to count as a guarantee, remains unaffected by the limitations of liability.

Invmail shall be liable for the loss of data only up to the amount that the proper and regular backup of the data the user would otherwise have accrued to their recovery.

In addition, the following applies:

Free e-mail account: For the free use of the accounts, the liability of Invmail is limited to malicious intent and gross negligence. Any further liability is excluded.

Paid e-mail accounts: In the context of paid accounts, damages claims of the user are excluded. Excepted are claims for damages of the customer on the basis of the violation of life, body, health, or from the breach of essential contractual obligations (cardinal obligations) as well as the liability for other damage due to an intentional or grossly negligent breach of duty by Invmail, its legal representatives or vicarious agents. Cardinal obligations in the sense of these general terms and conditions are such obligations that enable the proper implementation of the contract and the achievement of its purpose, and the compliance with which the user may regularly rely on.

In the case of the breach of fundamental contractual obligations, the scope of the liability shall, however, be restricted to compensation for the typical foreseeable damage if it was a case of simple negligence, unless it is a case of damages on the basis of a violation of life, body or health.

Any further liability of Invmail does not exist. The limitations of "Warranty" and "Liability" shall also apply for the benefit of the legal representatives and vicarious agents of Invmail, if claims are made directly against them.


Compensation

You agree that Invmail, it's parent organisations, subsidiaries, officers, and employees cannot be held responsible for any third party claim, demand, or damage, including reasonable attorneys’ fees, arising out of your use of this Service.


Changes to Terms of Service

Invmail reserves the right to review and change this agreement at any time.

You as a user of Invmail or our products, are responsible for regularly reviewing these Terms and Conditions. Continued use of the Service after such changes shall constitute your consent to such changes.


Applicable Legal Ties

Invmail comes under numerous legal requirements based on the facilities within each region/country, however in the terms of our Client-Data this falls under the purview of Swiss Confederation Law, This agreement will be governed in all respects of client-data by the laws of the Swiss Confederation, falling within the Cantons of Geneva and Bern. All legal actions in regards to client-data, hereto shall be brought in a court of competent jurisdiction residing in the Republic and Canton of Geneva.

Invmail is based within 'British Virgin Islands' for Finance and company set up, the generic site servers (non client-data) are based in our sister companies/organisations all subsidiary set-ups of Invacio Holdings BVI, within the following countries Holland, Spain, Hong Kong, Singapore, India, Indonesia and Thailand.


Cancellation Policy

Insofar as the user is a client, the following legal cancellation rights apply. A client is any natural person, organisation or enterprise who enters into a legal transaction for a purpose or non-commercial or professional activity or as a organisation/enterprise for their commercial or self-employed professional activity.

Right of cancellation: You may cancel your contract within 14 days, in written form (e.g. Letter, e-mail), without indication of reasons. The time period begins after receipt of this information in writing, but not prior to the Consequence/Conclusion of the contract and also not before fulfilling our obligations, as well as our obligations. The timely dispatch of the cancellation request shall be deemed sufficient for compliance with the revocation term. The cancellation request is to be sent to: hello@invmail.io or any of our listed offices.

Consequences of cancellation: In the case of an effective cancellation, the account remainder time-frame funding will remain with Invmail (e.g. you create a paid account on the 2nd, and cancel on the 3rd, the account funding for this month, quarter, year will be retained by Invmail.


Prices and Payment

For a "Premium" Account, a monthly compensation is to be paid. This is due upon receipt of the invoice; for the first time after the end of the free trial period. Accordingly, Invmail reminds the user of the payment obligation. For the expansion of the storage capacity or facility increase, a monthly compensation is to be paid as well, which will be due upon receipt of the invoice.

The prices stated for the respective offer will apply, available at Pricing. The named prices are inclusive of the applicable statutory value added tax. The invoice will be sent electronically to the user on his Invmail e-mail address, at the end of the trial period. Subsequently, the sending of the invoice will take place electronically by mail at the end of each month. The user may, upon receipt of the invoice, choose between the payment methods indicated in the order process.


Warranty

In the use of the open-beta version of "www.invmail.io" or our other domains, products or services that fall under the Invacio Holdings BVI organisation, possible malfunction, availability restrictions and data loss may occur. It is up to you to immediately report any bugs, malfunctions or damage to Invmail in writing, by e-mail, or on Twitter @invacio. The user will aid Invacio in the remedying of any bugs without compensation and in particular provide all necessary documents, data, etc. that Invacio requires for to analyse and remove these bugs.

Invmail resolves technical issues of the site, application(s) within a reasonable timeframe. The responsibility of Invmail extends only to the point of interconnection of the systems used to the internet, and does not extend to the system/device of the user and data transfer cables beyond this interconnection point.

In addition, the following applies:

Free e-mail account:

In the use of a free accounts, liability for bugs our excluded, unless Invmail conceals a defect maliciously.

Paid E-mail account:

In the use of paid accounts, Invmail shall be liable for defects of the contracted services exclusively in accordance with our terms and conditions, to the extent that the impairment is not based on the limitation of availability, which is concluded in "The objective of the contract". A bug exists when the subject matter of the contract is no longer suitable for the contractually stipulated use, or this suitability is not insignificantly diminished.

Should the suitability for the contractually stipulated use be entirely removed, the user is exempted from payment of the compensation in accordance with "Prices and Payment", until the removal of the defect. In the case of a the partial unsuitability, the payment of the compensation diminishes to an appropriate amount for the time until the removal of the defect. A user's claim for damages due to a bug of the respective account, whether it was present prior to or after the time of the Consequence of the contract, does not exist if it is due to a circumstance that falls outside of Invmail's responsibility.

Further-reaching and other claims of the user due to deficiencies of the contracted services, other than those stipulated in this "Warranty" do not exist, insofar as Invmail is not liable on the grounds of new mandatory regulations


Obligations Of The User

To use the services of Invmail, the user must register in accordance "Consequence of the Contract", so that Invmail can set up an e-mail account for the end user. In addition, the user must choose an e-mail address and password in the specified format. The PGP-key is created as part of the registration process and stored as a cookie in the Browser that is used. The user is obligated to keep his login data and password secret and protected against misuse by third parties. Invmail is entitled to lay down minimum requirements for the security of the password. If the user obtains knowledge of the abuse of his access data, he is obligated to inform Invmail immediately of this fact. If, through negligence of the user, a third party gains access to services offered by Invmail through the use of passwords and/or PGP keys, Invmail reserves the right to claim damages and fees from the user, if applicable.

The respective PGP-key of the user will be deposited in the local browser storage of the user, to which Invmail has no access. The user is obliged to keep this key safe, secret and protected against misuse by third parties and not to grant third parties access to it. The user is aware that in case of deletion of the internet use data, the PGP key may be irrevocably lost, so that the end-client data encrypted with this key cannot be decrypted.

As far as the user chooses a paid account or a paid increase of storage capacity, he will have to pay a fee in accordance with "prices and payments".

After the registration of an account at Invmail, the user must store for their-self on their device their key, they must vet their incoming communications received over the internet, and must verify at appropriate intervals whether communications are being sent to the user according the contract with Invmail. Additionally, for free Invmail plans the following holds: Invmail is entitled to delete without notice any messenges and other stored data in the user account after a period of 6 months of inactivity (no login through the webbrowser). After a period of 1 year of inactivity, Invmail is also entitled to release the Invmail e-mail addresses (‘aliases’) of the user and make them available to other users.

The user is obligated to not use the communication services abusively, and in particular, not to store or send data using Invmail which by virtue of its nature or composition (e.g. viruses), size or reproduction (e.g. spamming) could possibly put the operation of the network and files of the data processing servers of Invmail at risk.

As to the form, content and purpose of the communication traffic, it may not violate any legal prohibitions or laws, the rights of third parties, or transgress standards of public decency. If Invmail attains knowledge that internet sites and or e-mail traffic of the user violates either in form, content or purpose any legal prohibitions or laws, or infringes on third party rights, Invmail is entitled to remove or block access to the offending information, as well as to allow access to the appropriate communication accounts by the respective Swiss authorities, in compliance with the relevant judicial orders, provided that the authority is in possession of the corresponding private key. The right to terminate without notice remains unaffected by this.

In accordance with the terms of services, the user can order additional storage space, which in the context of the technical efficiency of the server centre and with consideration of the obligation to offer services to other users, requires an additional fee, the height of which will be determined by the respective applicable pricing list.

The user has in particular to ensure the proper security of his data.


The Objective Of The Contract

Invmail provides a communication service on the site of "www.invmail.io" or application under "Invmail" with a personal account (hereinafter referred to as "account") with different storage capacities, as well as different functionalities, The scope of usage as determined by the user will decide whether the provision will be free of charge (e.g. "Free") or paid ("e.g. "Premium account”) or corporate ("e.g. "Brand Corporate Cloud") The communications account can be used by the user to communicate in the following fashion, "e-mail", "voice/video calling" or "messaging". The precise scope of services can be viewed under the following link: Invmail Features.

The potential encryption of the communication will be accomplished by means of a technical procedure; the PGP-procedure, which causes the contents of the communication to be readable only by the intended recipient of the communication. Your communication will then not even be readable by Invmail or any of it's sister organisation, subsidiaries or parent company Invacio Holdings BVI. It is also possible to send or make and receive communications to and from users of other secure communication services, provided they support the PGP Standard.

The services offered by Invmail are currently in a open-beta stage. This means that the software used is currently in an uncompleted stage of development, that is being released to the user for purposes of testing. Therefore, in contrast to full versions, the use of beta versions may result in functional limitations, data loss as well as availability restrictions. Invmail is striving to push forward the development status of the software and remove any mistakes. The usage is at the user's own risk and is subject to an exclusion of "warranty" and "liability" where by mentioned below.

Invmail strives to have its internet site available for use (uptime), 24 hours per day and 365 days per year, with a yearly availability average (hereinafter referred to as "SLA") of 98%. Should maintenance work be required and the website for that reason become unavailable, Invmail will, when possible, promptly inform the user of this per Twitter statement or a Facebook post. Exempted from the SLAs are times in which the servers are unavailable because of maintenance, software updates, technical or other problems that are beyond the sphere of control of Invmail. Invmail can limit access to the services and the software or stored data, insofar as required for the safety of the network operation and the maintenance of network integrity, in particular the avoidance of serious disturbances of the network.

Consequence of the contract

In order to open an Invmail account and to use the services of Invmail, the user must first register at Invmail. This requires the user to choose a new e-mail address with a domain extension (e.g. "@invmail.io" or other on premium/corporate accounts) as indicated in the registration process. A description of the fixed scope of use of the respective offer will be available at Invmail Features.

To set up an e-mail account, the user must first choose between a free plan (e.g. "Free") and a paid plan ("e.g. "Premium", "Brand Corporate Cloud") by clicking the corresponding button. Users who already registered for an account may additionally opt for the "Plus" plan, which increases their storage capacity or the "Premium" plan, which increases their storage capacity as well as their facility offerings by clicking on the corresponding button. The user then enters a valid e-mail address. The user makes a binding offer for the Consequence of a contract of the chosen offer when he clicks the button "sign up free" for the free plan or the button “paid order" for the corresponding paid offer. The user can review his choices before finally submitting the binding offer, and correct them where applicable.

Immediately thereafter, the user obtains an automated e-mail confirmation his Invmail E-mail address and account has been reserved with a link to these Terms and Conditions as well as the cancellation policy. The sending of this automated e-mail confirmation does not yet represent an acceptance by Invmail. The contract is then concluded through an explicit declaration of acceptance on following the verification code and creating the account with Invmail. The contract of the "Free" email account will be realised through the provision of this service.


Final Purveyance

These Terms and Conditions between the user and Invmail can be amended by corresponding agreement as described below: Invmail updates the terms and conditions page before the planned implementation date, and draws separate attention to the new regulations as well as the date of implementation. At the same time, Invmail will grant the user an appropriate period, with a minimum of two weeks, to confirm his acceptance of the changed terms and conditions for the continued use of the service. In the absence of written confirmation within said time limit, starting from the date of receipt of the written message (e-mail), the user's agreement with the changed terms and conditions will be assumed. At the start of the period, Invmail will remind the user specifically of this legal consequence, i.e. the right to object, the deadline for opposition, as well as the result of keeping silent.

The place of fulfilment is BVI, HK, Switzerland, India, Holland, Spain. The place of jurisdiction for disputes with merchants, or clients falls under separate legal setup's for client-data Switzerland, for development Hong Kong, for Financial and generic business BVI, naturally this is exclusive of our legal entities

Swiss Confederation law applies exclusively within the remit of client-data

If any provision of these Terms and Conditions and/or that of the contract are and/or have become ineffective, the validity of the remaining provisions shall not be affected thereby.


Simplistic secure communications


Invacio Holdings HK

2512 Langham Place Office Tower
8 Argyle Steet,Mongkok
Hong Kong
HK



For support inquiries, please visit
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For security related
security@invacio.com