Compendium 365 Mail

Terms of Service

1. Who this agreement is between

These Terms are between you and The Compendium Company, Inc. ("Compendium", "we", "us"), 999 Vanderbilt Beach Road, Suite 200, Naples, Florida 34108. They govern your use of Compendium 365 Mail and the related websites and apps (the "Service").

By creating an account, or by using the Service, you accept these Terms. If you are accepting on behalf of a company, you confirm you are authorised to bind it.

2. Eligibility

You must be at least 16 years old to create an account. The Service is not directed to children, and we do not knowingly collect personal information from anyone under 16. If we learn we have, we will delete it.

3. Your account

• Give accurate information when you sign up, and keep your recovery details current.
• You are responsible for your password and for what happens under your account. Turn on two-factor authentication — it is available and we recommend it.
• Tell us promptly at [email protected] if you believe your account has been accessed by someone else.
• One person or organisation per account. Do not resell mailboxes on the free tier.

4. The free tier, and what it includes

• 2 GB of mailbox storage. When you reach it, new incoming mail may be refused until you free space or add paid storage.
• No uptime commitment. We work hard to keep mail flowing, but the free tier is provided without a service level agreement. Paid plans may carry their own commitments.
• Fair use. The free tier is for ordinary personal and small-business email. It is not for bulk or marketing sending, automated relaying, or as a storage back-end for another product.
• Additional storage, backup and other paid features are offered separately and billed under the terms presented at purchase.

5. Advertising, and what we do not do

The free tier is supported by advertising. Specifically:

• We show you our own products and services, and offers from businesses and contractors we work with.
• We choose which of those to show using information about your relationship with Compendium — which of our products you use, your plan, general activity in the Service, and coarse location such as country or region.
• We serve those ads ourselves. Advertisers and partners do not receive your email address, your personal information, or a profile of you. They may learn, in aggregate, how many people saw or clicked an offer.
• We do not sell your personal information, and we do not share it with third parties for their own advertising. In the language of certain state privacy laws, we do not "sell" or "share" personal information for cross-context behavioural advertising.

Automated systems do process your mail for the ordinary purposes of running an email service — delivering it, filtering spam, malware and phishing, applying your rules, and search you ask for. That is operating the Service, not advertising, and the results are not used to target ads.

If we ever propose to change what feeds advertising, we will tell you in advance and — where the change would use the contents of your mail — we will ask for your explicit opt-in.

6. Acceptable use

Do not use the Service to:

• send spam, unsolicited bulk mail, or anything violating the CAN-SPAM Act or equivalent laws;
• send or host malware, phishing, or fraudulent content;
• harass, threaten, defame, or infringe anyone's rights;
• break the law, or help someone else break it;
• probe, overload, or interfere with the Service or its infrastructure, or circumvent limits;
• misrepresent the origin of a message, including forging headers.

We may suspend an account that is causing active harm — sending spam, distributing malware, degrading the Service for others — without prior notice, and will tell you as soon as practical.

7. Protected health information and other regulated data

The same applies to other regulated categories — payment card data, or anything subject to a contractual security regime — unless we have agreed to it with you in writing.

8. Your content is yours

Your messages, attachments, contacts and calendars belong to you. You grant us only the licence we need to run the Service for you: to store, transmit, back up, index for your own search, scan for spam and malware, and display your content to you. That licence ends when you delete the content or close your account, apart from copies in routine backups which age out on their normal cycle.

We claim no ownership of your content and will not use it to train models or build advertising profiles.

9. Getting your mail out, and account closure

• You can connect any standard IMAP client and copy your mail out at any time, and you can download individual messages from the web app.
• You may close your account whenever you like. On closure we delete your mailbox; residual copies in encrypted backups are removed as those backups age out (normally within 30 days).
• Inactivity. A free account with no sign-in and no mail activity for 12 consecutive months may be closed and its contents deleted. We will email a warning to your recovery address at least 30 days beforehand.

10. Suspension and termination by us

We may suspend or terminate a free account for a material breach of these Terms, for prolonged inactivity as above, or if we discontinue the free tier. Except where you are causing active harm or the law requires otherwise, we will give at least 30 days' notice and a means of exporting your mail.

11. Changes to these Terms

We may update these Terms. For material changes we will give at least 30 days' notice by email or in the app before they take effect, and the version and date at the top will change. Continuing to use the Service after that means you accept the new version. If you don't, close your account.

12. Disclaimers

The free tier is provided "as is" and "as available", without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, timely, secure, or error-free, or that any message will be delivered or retained.

13. Limitation of liability

To the fullest extent permitted by law, Compendium will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill, arising out of or relating to the Service.

For the free tier, our total aggregate liability for all claims is limited to one hundred US dollars (US$100). Where you have paid us for a service, our liability for that service is limited to the amount you paid in the twelve months before the claim arose.

Some jurisdictions do not allow certain limitations; where that is so, these limits apply to the maximum extent permitted.

14. Indemnity

You will indemnify and hold Compendium harmless from claims arising out of your content, your use of the Service, or your breach of these Terms, except to the extent caused by us.

15. Governing law and disputes

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-laws rules. The state and federal courts located in Collier County, Florida have exclusive jurisdiction, and you and we consent to venue there. Nothing here prevents either of us from seeking injunctive relief where appropriate, or you from bringing a matter in small claims court.

16. General

If a provision is held unenforceable, the rest stands. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. These Terms, with the Privacy Policy, are the entire agreement for the free tier.

17. Contact

The Compendium Company, Inc.
999 Vanderbilt Beach Road, Suite 200, Naples, FL 34108
[email protected]

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