Mailfoy Terms of Use

1. Definitions and interpretations

In these Terms, the following terms shall have the following meanings, except where the context otherwise requires:

1. "Account" means an account created by a Member on the Website as part of the Registration, including all Domains, Mailboxes and settings associated with it.
2. "Authorised User" means any person whose Gmail account is linked to a Mailbox, or who is invited to manage a Domain, by or through your Account.
3. "Billing Period" means the monthly or yearly period for which your Plan is paid.
4. "Domain" means an internet domain name that you add to your Account in order to receive and send email through the Services.
5. "Email Content" means all email messages, attachments, headers, metadata and other material sent to or from your addresses through the Services.
6. "Mailbox" means an email address (including any alias of it) on a Domain that is set up in your Account and delivers to a linked Gmail account.
7. "Member" means a person who has completed the Registration process, so as to inter alia be able to add Domains, set up Mailboxes, link Gmail accounts, and access the Services available on the Website.
8. "Membership" means membership to and participation in the Website and the Services.
9. "Personal Data" means data, whether true or not, about an individual who can be identified from that data, or from that data and other information to which we have or are likely to have access, by way of your use of the Website or otherwise.
10. "Plan" means the paid subscription to the Services that you select, including its number of Seats.
11. "Privacy Policy" means the Mailfoy privacy policy published at mailfoy.com/privacy.html, as amended from time to time, which is incorporated into these Terms by reference.
12. "Register" means to create an Account on the Website, and "Registration" means the act of creating the Account on the Website.
13. "Seat" means one linked Gmail account, counted once across all the Domains you own.
14. "Services" shall have the meaning ascribed to it in Part I of the Schedule to these Terms.
15. "Third Party" and "Third Party Terms" shall have the meanings ascribed to them in Clause 9.

In these Terms, unless the context otherwise requires: headings are for convenience only and do not affect interpretation; words in the singular include the plural and vice versa; the words "include", "including" and "in particular" are illustrative and do not limit the generality of the preceding words; and a reference to a clause is to a clause of these Terms.

2. Eligibility of Member

1. You must be eighteen (18) years of age and above (as of the time of your Registration, browsing, accessing and/or use of the Website) in order to Register and to use the Services.
2. You must have the legal capacity to enter into a binding agreement, and you must not be a person who is barred from receiving the Services under the laws of the Republic of Singapore or any other applicable jurisdiction.
3. We may from time to time in our absolute discretion decide on the eligibility of any particular Member or class of Members, and may further, in our absolute discretion, deem a particular Member or class of Members to be ineligible for the use of the Website and/or the Services.

3. The Services

1. Mailfoy lets you receive and send email as addresses on your own Domain while using Gmail. Email sent to your addresses is delivered to the Gmail account linked to each Mailbox, and you can send as those addresses from Gmail using sending credentials that we provide.
2. The Services, the Website, and all materials made available on or through them are owned by and/or licensed to and/or managed and/or controlled by LYHCO.
3. Subject to these Terms, and to your payment of all applicable fees, we grant you a non-exclusive, non-transferable, non-sub-licensable and revocable right to access and use the Services and the Website for your own personal or internal business purposes during the term of your Membership.
4. Mailfoy relies on services we do not control, including Gmail, Google sign-in and Amazon Web Services. If one of them changes how it works, or stops offering something Mailfoy depends on, we may need to change or limit parts of the Services.
5. The provision of the Services and the Website does not include the provision of any computer, mobile telephone, handheld device or other necessary equipment, internet connectivity or telecommunication links. You acknowledge that the terms of agreement with your respective internet, mobile network and email providers will continue to apply when using the Website, and that such providers may charge you for access to the internet and/or telecommunication links when using the Website and/or the Services. You agree to accept responsibility for any such charges that may arise.

4. Rules about use of the Website

1. You shall not, amongst others, decode, modify, decompile, reverse-engineer, deconstruct, adapt, publish, redistribute, strip or sub-licence the Services and/or the Website, or any part of them, without the prior written consent of LYHCO or the respective Third Parties, save to the extent that such restriction is prohibited by law.
2. You shall not frame, mirror, scrape or otherwise reproduce any part of the Services and/or the Website, or access them through any automated means other than those we provide or expressly permit, unless prior written permission is granted to you by LYHCO.
3. You shall not interfere or attempt to interfere with the provision of the Services and/or the operation of the Website by us, or otherwise do anything which imposes a load on LYHCO's servers or those of our providers beyond their operating capacity.
4. We reserve the right to:
   1. update or modify the Services and/or the Website from time to time;
   2. deny or restrict access to or use of the Services and/or the Website by you or any other person where we reasonably consider it necessary to protect the Services, our users, our email reputation or any third party, or to comply with the law;
   3. prevent you from using the Website and/or the Services where you are in breach of these Terms; and
   4. discontinue the Services and/or the Website, in whole or in part, upon giving you reasonable notice, upon which all rights (including any licence granted to you to use the Services and/or the Website) in respect of the discontinued part shall be terminated.
5. We will use reasonable endeavours to correct any errors or omissions relating to the Services and/or the Website as soon as practicable after being notified of them. However, we do not guarantee that the Services and/or the Website will be free of faults at any time.
6. Your access to the Website and/or the Services may occasionally be restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can.

5. Use of the Website as a Member

1. As a condition of your use of the Website, you are required to provide us with current, accurate, truthful and complete information about yourself during Registration.
2. You warrant that all information provided at the time of Registration and as set out in your Account is true, complete and accurate, and you shall promptly inform us of any changes relating to your information by updating your Account.
3. You shall keep your sign-in details and the sending (SMTP) credentials for each Mailbox secure and confidential. You are responsible for all activities carried out through your Account and those credentials, whether or not authorised by you.
4. You shall notify us immediately at support@mailfoy.com if you know or suspect that your Account or any credentials have been used without your authorisation.
5. If there are grounds or reasons for us to believe that the information which you have provided to us is not current, or is inaccurate, incomplete, false or misleading, we reserve the right to suspend and/or terminate your Membership.

6. Your Domains, Mailboxes and Authorised Users

1. You may only add Domains that you own or are authorised to manage, and you are responsible for their DNS settings. Email cannot be delivered while those settings are wrong.
2. If you link or invite other people's Gmail accounts, you are responsible for having their permission, for ensuring that each Authorised User complies with these Terms, and for how they use Mailfoy. Any act or omission of an Authorised User shall be deemed to be your act or omission.
3. You are responsible for the Email Content you send and receive through Mailfoy.

7. Acceptable use and restrictions on use

1. Mailfoy is built for individuals and small businesses who want a professional address for their everyday email: writing to customers, suppliers, colleagues and contacts, one conversation at a time. We expect you to use it for that kind of legitimate, person-to-person email.
2. Mailfoy is designed for low-volume email: the amount a person typically sends and receives in a normal working day. Plans are priced on that basis. If your sending or receiving goes well beyond normal personal or small-business use, we may ask you to reduce it, apply limits, or end the Services for that Account.
3. Mailfoy is not a bulk or marketing email service. If you need to send newsletters, marketing campaigns or other email to large lists, you shall use a dedicated email marketing provider instead.
4. You agree not to use the Services or the Website (including without limitation the LYHCO Intellectual Property), nor permit anyone to use the Services or the Website:
   1. to send spam, bulk unsolicited email, or email to addresses that have not agreed to receive it;
   2. to send newsletters, marketing campaigns or cold outreach at volume;
   3. to send automated or high-volume email from software, scripts or other systems;
   4. to email bought, rented or scraped address lists;
   5. to resell or provide Mailfoy to others as a sending service;
   6. to send phishing, malware, or anything designed to deceive or harm, or to transmit any viruses, worms, bugs, defects, scripts, Trojan horses or any other item of a destructive nature;
   7. to impersonate another person or entity, to send from a Domain you are not authorised to use, or to falsify or delete any author attributions or labels of the origin or source of any content;
   8. to send, store or make available any material which is in breach of confidence, intellectual property rights, publicity or privacy or any other third party rights, in contempt of court, or which is against the public order and safety or inimical to the interests of the Republic of Singapore;
   9. to incite discrimination, bigotry, physical harm and/or hatred against any ethnic, religious or any other group, or in a manner calculated to adversely affect any individual, group or entity;
   10. to send material which is offensive, indecent, obscene, bullying, harassing, menacing, defamatory, sexually explicit, unlawful and/or harmful, or to commit, or further, any fraudulent purpose;
   11. to promote illegal or unlawful activities, or information that you know is deceptive, false or misleading;
   12. to send or receive material for which you have not obtained any necessary licence and/or approval, including confidential material or material which misuses trademarks;
   13. in breach of anti-spam and privacy laws, including Singapore's Spam Control Act 2007, the Personal Data Protection Act 2012 and similar laws where your recipients are;
   14. in breach of Google's terms of service and policies, or our email provider's acceptable use rules;
   15. to overload, probe, or interfere with Mailfoy or its users, or to try to get around our limits or security; and/or
   16. for any other purpose other than that for which the Services and the Website were designed or intended to be used.
5. We monitor sending patterns, bounce rates and spam complaints to protect our users and our email reputation, and we may set reasonable sending limits. We may investigate suspected misuse. If you break these rules, we may suspend sending or delivery, or close your Account. Where we reasonably can, we will tell you first.

8. Plans, trial and billing

Free trial

1. New Accounts get a 14-day free trial, which starts when you link your first Gmail account. The trial includes 2 linked Gmail accounts and does not need a card. If the trial ends without a payment method, email delivery to your Domains is paused until you add one.

Pricing and Seats

2. You pay per Seat, across all the Domains you own, with a minimum of 2 Seats. The yearly Plan is US$12 per year for 2 Seats plus US$6 per year for each extra Seat. The monthly Plan is US$2 per month for 2 Seats plus US$1 per month for each extra Seat.
3. Prices include applicable taxes unless we say otherwise.
4. The prices on our website are launch prices. We may change our prices from time to time, and a change applies from your next renewal.
5. If you add Seats during a Billing Period, we charge the prorated amount for the rest of that Billing Period straight away. If you buy Seats during your free trial, the trial ends and your paid Plan starts that day.
6. If you release Seats, they are not refunded. Your Plan renews with fewer Seats.

Renewal and payment

6. Your Plan renews automatically at the end of each Billing Period, and we charge your saved payment method through Stripe. If a payment fails, Stripe will retry it for several days, and your email keeps flowing meanwhile. If it still cannot be collected, we suspend your Account: email sent to your addresses is returned to the sender, and sending from your addresses stops, until you pay.
7. You authorise us, through Stripe, to charge your saved payment method for all fees due under your Plan, including prorated charges under paragraph (d) above.

Cancelling

8. You can cancel at any time from Billing. Your Plan stays active until the end of the Billing Period you have paid for, and then ends. Except where the law requires otherwise, payments are not refundable.

9. Use of Third Party software and services

1. The Services require, enable or facilitate access to or use of software or services of third parties ("Third Party"), in which case there will be terms of use of the third party software or service ("Third Party Terms") that bind you. Examples of these third party software and services are set out in Part II of the Schedule.
2. By using the Services and the Website, you are deemed to have taken notice of the Third Party Terms. In particular, you are deemed to have taken notice of any terms that LYHCO is required to notify you of pursuant to the Third Party Terms, and you agree to be bound by all the obligations in the Third Party Terms which are applicable to you as the end user.
3. If the Third Party Terms require you to enter into an agreement with the Third Party, you shall enter into such an agreement and be bound by those Third Party Terms.
4. You agree to indemnify and hold LYHCO harmless against all claims, actions, liabilities, losses, damages, costs or expenses (including legal costs on an indemnity basis) howsoever arising out of or in connection with your non-compliance with the Third Party Terms which causes LYHCO to breach any of the Third Party Terms.
5. To avoid doubt, if there is any inconsistency between these Terms and the Third Party Terms as they apply to you, the latter shall prevail, provided that nothing in the Third Party Terms increases the liability of LYHCO beyond that stated in Clauses 13 and 14.

10. Your Email Content and data

1. Your Email Content and Account data belong to you. You grant us a limited, non-exclusive, worldwide, royalty-free licence to receive, store, transmit and otherwise process them only to the extent necessary to provide, secure and support the Services, as described in our Privacy Policy. This licence ends when the processing is no longer needed for those purposes.
2. You represent and warrant that you have all rights, consents and permissions necessary for us to process your Email Content as described in these Terms, and that it does not infringe upon or make any unauthorised use of any trademark, design, copyright, know-how or any other form of intellectual or proprietary property owned by any third party.
3. Mailfoy is not an email archive. We do not keep copies of your email once it is delivered, so you shall keep your own backups in Gmail.
4. Nothing in these Terms imposes any obligation on LYHCO to monitor, filter, review, screen or edit Email Content. Incoming email is scanned automatically by our email provider for viruses, spam and sender authentication, as described in our Privacy Policy, and we may block or decline to deliver messages that fail those checks, in which case we shall not be liable to you or any other person for doing so.

11. Personal Data

1. We collect, use and disclose Personal Data in accordance with our Privacy Policy and the Personal Data Protection Act 2012. By using the Services, you agree to such collection, use and disclosure.
2. Where you provide us with the Personal Data of any other individual, including any Authorised User, you warrant that you have obtained that individual's consent, or are otherwise permitted by law, to disclose it to us for the purposes set out in our Privacy Policy.
3. You may withdraw your consent to the collection, use and disclosure of your Personal Data by giving us reasonable notice at support@mailfoy.com, subject to any prevailing statutory, legal or contractual considerations. You agree that such withdrawal may result in the Services failing to function properly, or the provision of the Services being ceased.
4. We bear no responsibility for the content and privacy policies of any sites owned or operated by any other party which may be linked on the Website or accessible through the Services.

12. Availability and changes

1. Mailfoy depends on Third Party services, including Amazon Web Services and Google. We do not control these services and cannot guarantee their continuous availability or operation. Interruptions may cause email to be delayed, rejected or lost.
2. We will take reasonable steps to maintain the Services, address disruptions and communicate material incidents where appropriate. To the extent permitted by law, we are not responsible for disruptions caused by Third Party services.
3. We work to keep Mailfoy running reliably, and we may improve, change, substitute, suspend or remove features or any component or part of the Services from time to time.

13. Disclaimer and exclusion of liability

1. To the fullest extent permitted by law, the Services and the Website are provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied or statutory, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement.
2. Without limiting paragraph (a), LYHCO does not warrant that your use of the Services and/or the Website will be uninterrupted, timely, secure or error-free, that every email will be delivered successfully, that any messages, commands or executions carried out or transmitted through the Services will be performed in an accurate, reliable or timely manner, or that the Services and/or the Website are free from viruses, system glitches or any other issues which may have a deleterious effect on your equipment.
3. LYHCO makes no representation or warranty in relation to any other products, software, materials and/or services not provided or owned by LYHCO but which the Services and/or the Website require in order to be operational, including the timeliness, reliability, quality, fitness for purpose, accuracy or suitability of such products, software, materials and/or services.
4. To the extent the law allows, LYHCO shall not be liable to you or any third party for any indirect, special, punitive or consequential damages, loss of goodwill, loss of reputation, loss of income, revenue and/or profits, loss of business, loss of data, or lost or delayed email, arising as a result or consequence of:
   1. your access to or use of the Services, the Website or the LYHCO Intellectual Property;
   2. the conduct, activity or Email Content of any other person using the Services;
   3. any delay or interruption in or any failure of any functionality offered on the Website or through the Services, or any delay, interruption or failure in the transmission of any email, data or material, howsoever caused;
   4. any permanent or temporary cessation of access to the Website and/or the Services; and/or
   5. any decision made or action taken by you or any third party in reliance upon any material available on the Website or through the Services,
   regardless of whether LYHCO has been advised of the possibility of such damage or loss.
5. Nothing in these Terms excludes any warranty or right that cannot lawfully be excluded.

14. Limitation of liability

To the extent the law allows, our total liability to you for any claim related to Mailfoy, whether in contract, tort (including negligence), breach of statutory duty or otherwise, is limited to the amount you paid us in the 12 months before the claim. Nothing in these Terms limits liability that cannot be limited by law, including liability for death or personal injury caused by negligence, or for fraud.

15. Indemnity

You agree to indemnify, defend and hold us harmless from and against all claims, actions, settlement sums, costs, losses, expenses, interest, damages and/or other liabilities (including reasonable legal fees and expenses) which are brought or threatened to be brought against us by any third party, arising out of:

1. your misuse of the Services or the Website;
2. your Email Content, or that of your Authorised Users;
3. your breach of these Terms or of any applicable law; and/or
4. the acts or omissions of your Authorised Users.

16. Intellectual property rights

1. All editorial content, information, software, illustrations, artwork and other graphic materials, names, logos and trademarks on the Website and in the Services ("LYHCO Intellectual Property") belong to LYHCO or Third Parties, and are protected by the relevant copyright laws and/or international treaties and/or other laws, as the case may be.
2. The LYHCO Intellectual Property (whether in whole or in part) may not be copied, reproduced, disseminated, distributed, retransmitted, sold, published, broadcast or circulated unless expressly permitted by us or the Third Parties, as the case may be.
3. For the avoidance of doubt, your use of the Website and the Services shall in no way be construed as granting you, whether by implication, estoppel or otherwise, any licence or right to use any trademark or LYHCO Intellectual Property without our express written permission.
4. If you send us suggestions or feedback about the Services, we may use them without any obligation to you.
5. Nothing in these Terms shall affect your ownership of the intellectual property rights subsisting in your Email Content. All rights not expressly granted to you are reserved.

17. Duration, suspension and termination

1. These Terms shall remain in full force and effect for as long as you are a Member and/or use the Services.
2. You may close your Account at any time from Settings in the dashboard, or by contacting support@mailfoy.com. Closure takes effect immediately and can't be undone: Mailfoy will stop providing the Services, cancel your Plan with no refund, and delete the Domains you own with their Mailboxes and aliases, including addresses used by your Authorised Users.
3. Without prejudice to any of our other rights under these Terms or at law, we may suspend or terminate your Account if you breach these Terms, if your payment cannot be collected as described in Clause 8, or if we are required to do so by law. We may also terminate these Terms for any other reason upon giving you reasonable notice, which may be given by email, through the dashboard, or on the Website.
4. If you are found to have breached these Terms, we may take such action against you as we deem fit, including without limitation applying for injunctive relief.
5. Upon termination, you shall not make or attempt to make any use of the Services, including any sending credentials issued to you.
6. We will delete or anonymise personal data in accordance with our Privacy Policy and applicable law, generally within 90 days of Account closure, except where retention is required or permitted by law or the data is retained in backups or records subject to applicable retention procedures. Any retained data will continue to be handled in accordance with our Privacy Policy and applicable law.
7. All provisions of these Terms which by their nature are intended to continue to apply after termination (including without limitation Clauses 13, 14, 15, 16, 20 and 21) shall survive termination and remain valid and enforceable against you.

18. Specific terms and conditions

1. We may from time to time offer optional features, early-access or beta programmes (such as Gmail import) in connection with your Membership, and impose additional terms and conditions governing them.
2. If there is any conflict between these Terms and the additional terms and conditions, these Terms will prevail, and the additional terms and conditions will be deemed modified only so far as is necessary to give effect to these Terms.
3. Unless otherwise provided by these Terms, nothing in these Terms will affect the validity and enforceability of our rights or remedies under any other terms and conditions, which will continue to apply.

19. Changes to these Terms

We may update these Terms from time to time. When we do, we will post the new version on this page and update the effective date at the top. If you keep using Mailfoy after the changes take effect, you accept the new Terms. If you do not agree, you can cancel before they apply.

20. Applicable law, jurisdiction and arbitration

1. The Website can be accessed internationally. As each place has differing laws, and without regard to conflict of laws principles, you agree that these Terms, and your access to the Website and use of the Services, shall be governed by the laws of the Republic of Singapore.
2. Subject to paragraph (c), you agree to submit to the exclusive jurisdiction of the courts of the Republic of Singapore in respect of any dispute arising out of and/or in connection with these Terms and/or the use of the Website or the Services, unless the law where you live gives you the right to bring it there.
3. LYHCO may, at any time and at its sole discretion, refer any dispute referred to in paragraph (b) to arbitration, in which case:
   1. the arbitration shall be administered by the Singapore International Arbitration Centre ("SIAC"), and the seat of arbitration shall be Singapore;
   2. the arbitration shall be conducted in accordance with the arbitration rules of the SIAC in force at the time of the reference, which are deemed to be incorporated by reference into this Clause 20;
   3. the tribunal shall consist of one (1) arbitrator;
   4. the language of the arbitration shall be English; and
   5. all information, documents, submissions and any other matters relating to the arbitration shall be confidential.

21. General

1. Each of these Terms is severable and distinct from the others, and if at any time any one or more of these Terms, or any part thereof, is or becomes invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not thereby be affected or impaired in any way.
2. The rights and remedies provided in these Terms are cumulative and not exclusive of any other rights or remedies (whether provided by law or otherwise).
3. No failure on our part to exercise, and no delay on our part in exercising, any right or remedy under these Terms will operate as a waiver of that right or remedy, nor will any single or partial exercise of any right or remedy preclude any other or further exercise of it or of any other right or remedy. Any waiver by us of our rights or remedies, or of any breach of these Terms on your part, shall be in writing, may be given subject to such terms and conditions as we deem fit, and is effective only in the instance and for the purpose for which it is given.
4. You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms in connection with a merger, acquisition or sale of all or part of our business, upon giving you notice.
5. We shall not be liable for any failure or delay in performing our obligations under these Terms caused by events beyond our reasonable control, including failures of Third Party services, internet or telecommunications outages, acts of God, fire, flood, epidemic, war, terrorism, civil unrest, industrial action or governmental action.
6. We may give you notices by email to the address associated with your Account, through the dashboard, or by posting them on the Website. You may give us notices by email to support@mailfoy.com.
7. These Terms, together with the Privacy Policy and any additional terms under Clause 18, constitute the entire agreement between you and us in relation to the Services, and supersede any prior agreements, representations or understandings.
8. A person who is not a party to these Terms shall have no right under the Contracts (Rights of Third Parties) Act 2001 to enforce any of these Terms.

22. Contact

MAILFOY
Email: support@mailfoy.com

Schedule

Part I: The Services

The "Services" means the services provided by LYHCO under the Mailfoy name, including:

1. the website at mailfoy.com;
2. the Mailfoy dashboard, for managing your Account, Domains, Mailboxes, aliases, Authorised Users, settings and billing;
3. the receipt of email sent to your addresses and its delivery to linked Gmail accounts, by forwarding or, where enabled, by Gmail import;
4. the sending of email as your addresses from Gmail, using sending credentials that we provide;
5. delivery records, traffic logs, held-mail retries and activity records shown in the dashboard; and
6. all notifications, emails and accompanying materials provided in connection with the above.

Part II: Third Party software and services

1. Google (Google sign-in, Gmail and the Gmail API), subject to the Google Terms of Service and the Google API Services User Data Policy;
2. Amazon Web Services (hosting, databases, and receiving, storing and sending email), subject to the AWS Acceptable Use Policy; and
3. Stripe (payments, invoices, tax and the customer billing portal), subject to the Stripe Services Agreement and related terms.