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Terms of Service | U.S. – Consumer Users

1. Introduction

These terms and conditions (“Terms”) apply to access to and use of Open-Xchange’s Everymail email service by consumer (non-business) users based in the United States of America (“Services”).  The Services are operated by or on behalf of Open-Xchange, Inc., a corporation organized under the laws of Delaware with an address at 3000 El Camino Real, Building 4, Suite 200, Palo Alto, CA 94306 (“we,” ”us,” and ”our”).  Our website is at https://www.everymail.com.

Your access to and use of the Services is subject to these Terms.  Your affirmative acceptance of these Terms with the submission of your order for Services is required to subscribe, and continued use after acceptance also confirms your agreement.  You should read these Terms carefully and print a copy for future reference.  Use of our website itself is subject to our Website Terms of Use .  Our collection and use of your personal information submitted via the Services is governed by our Privacy Policy .  THESE TERMS REPRESENT A LEGALLY BINDING AGREEMENT BETWEEN YOU AND OPEN-XCHANGE, INC. (“CONTRACT”), INCLUDING BINDING ARBITRATION AS WELL AS WAIVERS REGARDING JURY TRIALS AND MASS/CLASS ACTIONS (SEE BELOW ).  PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.  IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, DO NOT ACCESS, USE, OR SUBSCRIBE TO THE SERVICES.

These Terms were last updated on 26 June 2026.  If we change these Terms in any way, those changes will be posted on this page, and we will use commercially reasonable efforts to notify you of material changes in advance by email or through the Services.

2. Registering with us

If we ask you to register for the Services, you may set up an account with us by completing the account registration referenced in our message.  To set up an account:

  • you must be at least 18 years old;
  • you must be a resident of and provide a valid billing address within the United States; and
  • we may ask for proof of identity and address.

To register, you must provide us with accurate, complete and up-to-date contact information, including name, postal address, and either a valid mobile phone number or a secondary email address.  You are responsible for the information you provide to us, and you must promptly update your account information in the event of any changes to this information.

These Terms also apply to users who we do not require to set up a new account, for instance if they are transferring from another service provider.

3. Email address, log in, and password

Upon registration for an account with us, your account will be linked to one or more existing email addresses, and you will be asked to confirm your ownership of these addresses.  The creator of the account will be considered the account administrator, and a primary email address will be used to log in.  If supported by the offered plan, the account administrator may designate further administrators in their account, thereby authorizing any such administrator account users to take legally binding action relating to your subscription and the agreement in the administration panel (MyAccount).  Additionally designated account administrators may themselves designate further account administrators with the same effect.  Depending on the offered plan, each account administrator may be able to purchase additional email addresses and authorize others (e.g.  family members) to use them.  There will be a separate password for each email address within an account.  The passwords must be kept confidential at all times, and should only be shared with others who are authorized to access the account.  You, and any additional users who access mailboxes associated with the account, are the only authorized users of the account and, accordingly, the password must not be disclosed to anyone else.  You should contact us immediately upon discovering any unauthorized use of your account or error in the operation of your password(s) (see Contacting us ).  Any breach of these Terms and/or any access to or use of your account by anyone to whom you disclose any password will be treated as if the breach or access or use had been carried out by you, and will not relieve you of your obligations to us.

4. Our Services

The Services involve a subscription.  The subscription gives you access to the Services with a certain number of mailboxes offered under the selected plan for the period of time selected by you from the available subscription options.  It is important to note that, at the end of the applicable subscription period, your subscription will automatically renew for an equivalent period (and continue to do so), unless you have cancelled your subscription (see Subscription cancellation) or changed your subscription period (e.g. from monthly to yearly).

You acknowledge and agree that you are solely responsible for all use you or the other users authorized by you make of the Services.

5. Subscribing

Once you have registered and set up an account with us, you may subscribe to the Services by following the prompts on-screen.  You may check and correct any input errors up until the point at which you submit your order to us by clicking the “Subscribe Now” (or similar confirmation) button on the checkout page.  By clicking the “Subscribe Now” button (or similar confirmation), you expressly authorize us to charge the payment method you provide on a recurring basis for the applicable subscription charges, plus any applicable taxes and fees, until you cancel your subscription.  You further authorize our payment processor to securely store your payment credentials (such as your credit or debit card information) and you authorize us to use those stored credentials to process all future subscription charges, renewals, and any other amounts you owe under these Terms.

After subscribing, you will receive an acknowledgment from us by e-mail that you have subscribed to the Services.

6. Charges and payment

The charges for Services are as quoted on our website and/or within the subscription management panel (My Account) from time to time.  Charges do not include applicable sales, use, or similar taxes, which will be added to your total based on your billing address as required by law.  Charges may change at any time, but changes will not affect an order for which we have already sent you an Order Confirmation before the end of the current subscription term.  We reserve the right to terminate the subscription under the current pricing towards the end of the subscription term and to offer a renewal of the subscription subject to changed pricing.

Payment for all orders must be made by credit or debit card.  We may from time to time offer additional payment methods, such as direct debit (ACH), GooglePay, or ApplePay, or we may discontinue certain payment methods.  We can only accept credit or debit cards where the statement address is within the United States.

You should be aware that online payment transactions are subject to validation checks by your card issuer, and we are not responsible if your card issuer declines to authorize payment for any reason.  Please note, it is possible that your card issuer may charge you an online handling fee or processing fee.  We are not responsible for this.

From time to time we may run promotions where we issue discount codes.  These can be used as partial payment of the charges for the Services ordered online, subject to the terms under which they are issued.  Discount codes do not stack and cannot be combined with any other discount or promotion.  Discount codes may be personalized, and may only be used once, during the period of validity stated, and in respect of the relevant Services stated.  Discount codes cannot be redeemed for cash.  In cases of refunds for any reason whatsoever, amounts credited through discount codes will be deducted from the refunded amounts.

You are responsible for all charges to your account.  If you have questions regarding charges to your account, you should contact us (see Contacting us).

If you do not pay us charges you owe us on time (including any fees we pay in connection with an unauthorized user-initiated chargeback or if any correct charge to your direct debit, credit card, or debit card is not authorized), we may suspend or terminate your access to any Services, and we reserve the right to pursue any available legal remedy to collect the amount owed by you.  In any event, charges will continue to be incurred until your account is closed.

7. Our refunds policy

Except as expressly provided in these Terms or required by applicable law, charges are not refundable, and any refunds given are entirely within our discretion in view of applicable circumstances.  If you received any promotional or other discount when you paid, any permitted refund will only reflect the amount you actually paid.

Refunds are made using the same method originally used by you to pay for your purchase, unless agreed otherwise.  Please keep your payment details in our records updated at any time to enable seamless processing of refunds.

8. Changes to the Services, charges and terms

As it is our policy continually to review and update our Services offerings, we reserve the right to make changes to any Services, charges and/or to these terms from time to time, provided that we will not, unless you agree, make any changes in respect of any Services you have already paid for, during the period for which you have paid for them, that would significantly reduce the type or level of service you receive (except if we need to do so for security, legal or regulatory reasons) and/or increase the charges you are obliged to pay.  We will use commercially reasonable efforts, compliant with applicable law, to give you reasonable prior notice of significant changes  on the understanding that you have the option of accepting them or cancelling your Services subscription without penalty, in which case, you should notify us that you wish to cancel your subscription (see Subscription cancellation).  If you do not cancel your subscription before the date on which the changes come into effect, this will mean that you have accepted them.

9. Automatic Subscription Renewal Disclosures

If your subscription to the Services renews (see Our Services), we will automatically charge your account for the applicable renewal period charges in advance, on or about the renewal date, using the same payment method you used for the initial subscription.  The renewal charges will be at the same level as the preceding subscription period, unless we have notified you beforehand of a price increase for the same Services or you change the applicable Services and the applicable charges for such changed Services are different.  No renewal charges will apply if you have already cancelled your subscription before the renewal date (see Subscription cancellation).

10. Subscription cancellation

You may cancel your subscription at any time by using the unsubscribe workflow or account management panel (MyAccount), or by contacting us (see Contacting us).  Cancellation is free and can be completed online at any time, but, to ensure your cancellation is processed before the next billing cycle, you must terminate no later than 24 hours before your subscription would otherwise renew  .  If you cancel, your subscription will remain active until the end of the then-current subscription period, after which it will not renew and you will not be charged further.  You will not receive a refund for any unused portion of your subscription period.

If you do not wish for your subscription to renew automatically at the end of the then-current subscription period, you may do so at any time, but, to ensure your timely processing, no later than 24 hours before your subscription would otherwise renew, through our unsubscribe workflow or account management panel (MyAccount)  .  If you cancel at least 24 hours before your renewal date, you will not be charged for the next renewal period.

11. Services suspension and termination

We may, from time to time, with or without prior notice, temporarily suspend the operation of the Services (in whole or in part) for repair or maintenance work or in order to update or upgrade any contents, features or functionality.

Additionally, we may not be able to provide the Services, or part of the Services, due to, or your Services may be affected by, something beyond our reasonable control.  In this scenario, we cannot accept responsibility for what has occurred, and we may need to suspend or terminate your Services, subscription, and/or Contract.  If we terminate due to this, you will only be charged up to the point of termination, and any unused prepaid amount will be refunded to you.

We may, with or without prior notice, terminate any subscription or Contract or suspend and/or terminate any Services and/or your use of your account in the event that:

  • you have breached any of these terms;
  • we believe you present a risk to the security or reputation of the Services or to the experience of other users of them;
  • you fail to pay any correctly billed charges when due; or
  • you become insolvent, make an assignment for the benefit of creditors, petition for your own bankruptcy or have a bankruptcy petition presented against you, or are subject to any event or proceedings that are equivalent or substantially similar under any applicable jurisdiction.

If you have breached these terms, we may take such action as we deem appropriate.  Such a breach by you may result in our taking, with or without notice, all or any of the following actions:

  • issue of a warning to you;
  • immediate, temporary or permanent removal of any content submitted by you;
  • immediate, temporary or permanent withdrawal of your right to use any Services;
  • legal proceedings against you for reimbursement of all recoverable loss and damage resulting from the breach; and/or
  • disclosure of all relevant information to law enforcement authorities as we reasonably feel is necessary.

The responses described above are not limited, and we may take any other action we deem appropriate.

Upon termination of any Contract, Services, subscription, or your account, for any reason (including where, in accordance with these terms, you cancel or do not renew your Services subscription):

  • all rights granted to you under these terms will immediately cease;
  • you must promptly discontinue all use of the Services; and
  • you must pay us all outstanding amounts that you owe us.

12. Access to the Services and Acceptable Use

All intellectual property rights in the Services (including any update or maintenance release) belong and shall belong to us, and you shall have no rights in or to the Services other than the right to use the Services in accordance with the provisions of these Terms.  All intellectual property rights in the content of communications, or any other contents created by you will be owned by you, and you grant us a non-exclusive, worldwide license for the duration of the Services (and for such longer period during which we retain communications you have sent in accordance with our Privacy Policy or as permitted or required by law), together with the right to grant sub-licenses through multiple layers in connection with the provision of the Services, for the sole purpose of providing the Services.

You agree that you will not, nor allow anyone else to, use your account:

  • for business purposes, unless otherwise agreed in writing;
  • to access or attempt to access any Services which you have not subscribed to;
  • to interfere with or disrupt the provision of any Services or use any Services in a way that interferes with anyone else’s use of any Services;
  • to further any illegal, criminal, or fraudulent activity or to impersonate another person;
  • to breach the rights of any person (including, but not limited to rights of privacy and intellectual property rights); or
  • otherwise in breach of any acceptable use guidelines that we may issue from time to time.

13. Our liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE TO YOU FOR ANY:

  • INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, REVENUE, DATA, OR USE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES;
  • DAMAGES RESULTING FROM ANY LOSS OR CORRUPTION OF DATA, SERVICE INTERRUPTIONS, OR UNAUTHORIZED ACCESS TO YOUR ACCOUNT DUE TO YOUR FAILURE TO MAINTAIN PROPER SECURITY; OR
  • ANY OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO US FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE INCIDENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100.00).

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES.  ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU.  TO THE EXTENT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT OUR LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.  NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW, INCLUDING ANY NON-WAIVABLE CONSUMER RIGHTS UNDER FEDERAL OR STATE LAW.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Contract that is caused by events outside our reasonable control, including, but not limited to, natural disasters, acts of war, terrorism, civil unrest, governmental actions, regulatory changes, network or power failures, epidemics, or any other force majeure or event that would make it impracticable or impossible for us to provide the Services.

14. Indemnification

You agree to indemnify, defend, and hold us harmless from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees and legal costs) arising out of or in connection with: (i) your use of the Services; (ii) any breach by you of these Terms; (iii) any content uploaded, created, or received by you in using the Services; or (iv) any violation of applicable law or third-party rights, including intellectual property and privacy rights.  This obligation will survive the termination or expiration of these Terms.

15. General

You may not transfer or assign any or all of your rights or obligations under any Contract.  We may transfer or assign this Contract so that a different organization is responsible for supplying the Services.  We will let you know in writing if this happens, and we will take commercially reasonable steps to ensure the Services and your consumer rights will not be adversely affected.  If you are unhappy with any such transfer or assignment, you may cancel your subscription, and we will refund you on a pro rata basis any payments you have made in advance for Services not provided.

All notices given by you to us must be given in writing to the address set out below.  We may give notice to you at either the email or postal address you provide to us when placing an order, or by sending notice to the email address provided as part of the Services.

You agree that we may send you emails related to your account and the Services, including: (a) transactional and relationship messages, such as subscription confirmations, billing receipts, renewal reminders, service updates, security alerts, and customer service responses; and (b) promotional or marketing messages about new features, products, or services.  Transactional and relationship messages are necessary for us to provide the Services and fulfill our contractual obligations to you, and you will continue to receive them even if you opt out of marketing communications.  You may opt out of promotional or marketing emails at any time by following the unsubscribe instructions in any such email or by updating your communication preferences in your account settings.  Opting out of marketing emails will not affect our ability to send you transactional and relationship messages.

By accessing or using the Services, you consent to receive communications from us electronically, including these Terms, notices, disclosures, agreements, billing statements, and other information relating to the Services (collectively, “Communications”).  You agree that all Communications we provide electronically satisfy any legal requirement that such communications be in writing.  To receive electronic Communications, you must have access to: (i) a device (such as a computer, tablet, or smartphone) with an internet connection; (ii) a current web browser that supports 128-bit encryption (such as the current version of Chrome, Safari, Firefox, or Edge); and (iii) an active email account capable of receiving emails from us.  You are responsible for maintaining valid and current contact information in your account.  You may withdraw your consent to receive electronic Communications at any time by contacting us (see Contacting us); however, if you withdraw your consent, we may terminate your access to the Services, as electronic delivery is necessary to provide them.  Upon request, we will provide you with a paper copy of any Communication at no charge; to request a paper copy, contact us (see Contacting us).  This consent applies to all Communications relating to any Services or products we provide to you now or in the future.

If we fail to enforce any of our rights, that does not result in a waiver of that right.

If any provision of these Terms is found to be unenforceable, all other provisions shall remain unaffected.

These Terms may not be varied except with our express written consent.

The section headings in these Terms are for convenience only and do not affect the interpretation of these Terms.

These Terms and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract.  These Terms supersede any prior agreements, understandings, or representations regarding the Services.

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles.

Subject to the binding arbitration provisions below, you agree that any dispute between you and us regarding these Terms or any Contract will be dealt with exclusively by the federal or state courts located in New York, New York, and you consent to personal jurisdiction and venue in such courts.

16. Binding Arbitration; Jury Trial Waiver; Class Action Waiver

Any dispute, controversy, or claim between you and us, including any parents, subsidiaries, affiliates, officers, directors, employees, or agents of either party, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort) or other legal or equitable theory, including those arising out of or relating to the subscription and these Terms, their validity, breach, or termination, SHALL BE RESOLVED BY BINDING ARBITRATION RATHER THAN BY LITIGATION IN COURT.  The arbitration shall be conducted by a neutral arbitrator in accordance with the rules of the American Arbitration Association (AAA) Consumer Arbitration Rules.  Information about the AAA and its rules can be obtained at www.adr.org.  The arbitration will be conducted in the English language.  The arbitration may be conducted by telephone, online, and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration.  If an in-person hearing is required, it will take place in New York City, or, such other location as required by applicable law, unless you and we agree to a different location or the arbitrator determines that a different location is more appropriate.

ARBITRATION FEES AND COSTS.  Payment of filing fees, arbitrator fees, and other arbitration costs will be governed by the AAA Consumer Arbitration Rules.  If you demonstrate that such costs would be prohibitive compared to litigation costs, we will pay as much of your filing and hearing fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.  Each party will bear its own attorneys’ fees unless the arbitrator awards fees to the prevailing party as permitted by applicable law.

You have the right to opt out of binding arbitration by giving written notice within 30 days of first accepting these Terms.  To opt out, you must send a signed written notice to Open-Xchange, Inc., Attn: Legal Department, 3000 El Camino Real, Building 4, Suite 200, Palo Alto, CA 94306, identifying yourself and the Contract, together with a clear statement of your decision to opt out of binding arbitration.

JURY TRIAL WAIVER.  TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY AGREE THAT YOU WAIVE THE RIGHT TO A TRIAL BY JURY FOR ANY DISPUTE ARISING BETWEEN YOU AND US THAT IS IN ANY WAY RELATED TO THE SUBJECT MATTER OF THESE TERMS, AND THAT SUCH WAIVER SHALL BE ENFORCEABLE UP TO AND INCLUDING THE DAY THAT TRIAL IS TO START, EVEN IF THE ARBITRATION PROVISIONS OF THIS SECTION ARE WAIVED.

CLASS/MASS ACTION WAIVER.  NEITHER YOU NOR WE MAY BE A REPRESENTATIVE OF OTHER POTENTIAL CLAIMANTS OR A CLASS OF POTENTIAL CLAIMANTS IN ANY DISPUTE CONCERNING OR RELATING TO THE SUBJECT MATTER OF THESE TERMS, NOR MAY TWO OR MORE INDIVIDUALS’ DISPUTES BE CONSOLIDATED OR OTHERWISE DETERMINED IN ONE PROCEEDING.  YOU AND WE ACKNOWLEDGE THAT THIS SECTION WAIVES ANY RIGHT TO PARTICIPATION AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLASS ACTION.  Any dispute or claim will be brought solely in your individual capacity, and not as a plaintiff or class member in any purported class action, representative proceeding, mass action, or consolidated action.

SMALL CLAIMS COURT.  Notwithstanding the foregoing, you retain the right to pursue any claim in a small claims court and proceed on an individual basis for any such claim that is within the court’s jurisdiction.

INJUNCTIVE AND PUBLIC RELIEF.  Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.  Nothing in this arbitration agreement prevents you from bringing issues to the attention of federal, state, or local agencies, including any agency that may seek relief on your behalf, or from participating in any investigation or proceeding conducted by such an agency.

STATUTE OF LIMITATIONS.  YOU AGREE THAT, REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICES OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.  THIS MEANS YOU MAY HAVE LESS TIME TO BRING A CLAIM THAN YOU WOULD OTHERWISE HAVE UNDER APPLICABLE LAW.  BY CONTINUING TO USE THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS LIMITATION AND KNOWINGLY AGREE TO IT.

17. Contacting us

Please submit any questions you have about these Terms, the Services, or any complaint or concern:

We may need to verify your identity before we can speak to you about your account.  If the person contacting us is not the account holder and cannot reasonably present authorization, we may only be able to provide limited information.