Terms of Service
Last Modified: August 30th, 2024
Effective: August 30th, 2024
WELCOME TO ATOMIC MAIL!
Thank you for your interest in the Atomic Mail Service.
The Atomic Mail Service is designed to maximize your privacy and keep you in control of your communications.
We at Atomic Mail care about your rights, and we assume you do too.
Therefore, please take a moment to read our Terms of Service carefully.
We have made them as straightforward as possible and have provided you with all the necessary information.
The Atomic Mail Service is offered by AtomicMail Systems OÜ, a company established under Estonian law with its registered office in the city of Tallinn at HARJU MAAKOND, TALLINN, KESKLINNA LINNAOSA, HARJU TN 3 // VANA-POSTI TN 2, 10146, Estonia.
These Terms of Service apply at all times during the use of the Atomic Mail Service.
Definitions
At the end of this document, you will find definitions of terms in this agreement that begin with a capital letter.
Our Agreement
To create your Account, you will be asked to accept these Terms of Service. Your acceptance is required to conclude an Agreement with us to become a User of the Atomic Mail Service. In addition, merely using the Atomic Mail Service shall also constitute your consent to these Terms of Service.
Therefore, these Terms of Service at all times govern the use of the Atomic Mail Service and form an integral part of the Agreement between Atomic Mail and each User.
We advise you to save a copy of these Terms of Service locally or print them.
Any terms and conditions or exceptions put forward by you will not form part of the Agreement unless we have explicitly accepted them in writing.
Signing up for your Atomic Mail Account
During the sign-up process, you will be asked to register an email address, e.g., [email protected], and a password for your Account. If the email address you have chosen is not available, you must choose another email address that is available. Your password must meet the safety requirements indicated in the sign-up process.
The name you provide for your Account does not necessarily have to be your real name, but you explicitly accept all responsibility and liability for any damages, claims, or other consequences that may arise from signing up under a fictitious or pseudonymous name.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization.
You may not use as a username any name that is offensive, vulgar, or obscene.
We reserve the right to refuse service and terminate accounts at our sole discretion.
To complete the sign-up process, you must complete all mandatory fields on the form. Once your order has been successfully submitted, you will be given a unique Seed Phrase, that shall be used to recover access in case if your password is lost.
After downloading a Seed Phrase, you’ll get access to your Account when you log in with the email address and password you have chosen.
After signing up, you may change your password at any time by using the available option in your Account Settings.
You can only access the Settings feature while you are logged into your Account.
Confirmation and Communication about your Atomic Mail Account
Once you have successfully signed up, we will send an automatic welcome message to the inbox of your new Atomic Mail Account, confirming that you have become an authorized User of the Atomic Mail Service, pursuant to the Agreement concluded between you, the User, and us, Atomic Mail.
Whenever we have an important message for you concerning your Account, we will send a message to your Atomic Mail inbox. We may also suggest you set a recovery email address or provide you with a recovery code to help you recover your Account if you ever lose your password.
We may also provide additional information services, but only after you have opted in for them. You may opt out whenever you like by clicking the unsubscribe hyperlink in the message or sending an email to [email protected] with the subject "Unsubscribe" and a note of the email address that you wish to remove from the list.
Duration
Unless otherwise stated in the Agreement, the Agreement is valid for an indefinite period. For the terms and conditions for termination, please review the relevant sections below.
Cooling-Off Period
By agreeing to these Terms of Service during the sign-up process, you also agree to receive the Atomic Mail Service immediately after signing up, and therefore no cooling-off period shall apply.
Authorized Access
The Atomic Mail Service may only be used by authorized Users who provide Login Details. You agree and understand that you are responsible for maintaining the confidentiality of your Login Details and that it is your responsibility to remember them.
Atomic Mail uses secure hashing methods in accordance with industry best practices to store key material safely. Atomic Mail may update its security practices as technology evolves.
Atomic Mail may assume that someone logging into the Atomic Mail Service using the Login Details is the User. After access has been obtained to the Atomic Mail Service through the User's Login Details, the User bears full responsibility and risk for all subsequent activities undertaken in the Atomic Mail Service (including the Account).
In the event of any known or suspected misuse or compromise of the Login Details, the User must notify Atomic Mail immediately at [email protected] so that we can take action.
If Atomic Mail becomes aware that the User's Login Details have been divulged to unauthorized third parties, Atomic Mail will try to notify the User and take appropriate action.
If you have provided us with a Recovery Email Address or opted to receive a Recovery Code, you can set a new password if you lose your current password and cannot log into the Atomic Mail Service.
WARNING: IF YOU FORGET YOUR PASSWORD AND LOST YOUR SEED PHRASE THERE IS NO WAY WE CAN ENABLE YOU TO REGAIN ACCESS TO YOUR ACCOUNT. THIS IS AN INTENTIONAL SECURITY FEATURE AND NOT A BUG. ATOMIC MAIL CANNOT BE HELD LIABLE FOR ANY DAMAGES OR LOSSES ARISING OUT OF YOUR LOSS OF OR FAILURE TO REMEMBER YOUR PASSWORD.
Terms of Use
We have designed the Atomic Mail Service around the principle that your email is your business and nobody else's, including ours. The privacy that we provide to you through the Atomic Mail Service does not place you above the law, and it must not be abused. You are prohibited from using the Atomic Mail Service to break the law or violate anyone's legal rights.
Activities that are absolutely not tolerated by Atomic Mail include the sending of Spam, the purchase or sale of stolen goods, making threats to persons or property, possession or distribution of child pornography, and fraud.
Atomic Mail may immediately terminate the Agreement and delete the Account in the event of a violation of the Terms of Use and retain any evidence or information relevant to this decision. In the event of such termination, Atomic Mail will notify the User by means of the Recovery Email Address, if one was previously set.
Measures against Spam and Excessive Outgoing Emails
Sending Spam through the Atomic Mail Service is prohibited. To block Spam and mitigate the risk that Atomic Mail could be blacklisted by other email providers or their spam filters, which may cause severe adverse effects for all Users of the Atomic Mail Service, we limit the number of messages that can be sent during a given time period. Consequently, if you send too many messages in a short time, your outgoing messages may be blocked, even if your messages are not unsolicited and do not strictly qualify as Spam.
If we find that you are sending excessive amounts of messages often or regularly, compromising the ability of other Users to enjoy the Atomic Mail Service fully, we may suspend or terminate your Account after issuing at least one warning.
To safeguard the effectiveness of our measures against Spam and excessive outgoing messages, we cannot provide full details of the measures we employ nor the exact limitations caused by these measures.
Our measures against Spam and excessive outgoing messages should not affect normal, average use of the Atomic Mail Service. If you experience that your legitimate (and not excessive) emails are not being sent or received properly, or that our anti-Spam measures may otherwise impair your legitimate use of the Atomic Mail Service, please inform us as soon as possible through [email protected]. Please include as much technical information as possible indicating that the problems are due to our systems and are not caused by other links in the Internet communication chain, which are beyond our control.
Compliance with Legitimate Requests by Authorities
While we respect and try to protect your privacy to the best of our abilities, your use of Atomic Mail does not place you above the law. If we receive a request from Estonian judicial authorities to hand over information about one of our Users, we will have our lawyers check the validity of the request and determine whether we are obliged to comply. We will NOT comply with such requests unless we are convinced that the request is legally valid and we believe it is undeniably our legal obligation to comply.
We will not comply with requests from any authorities other than Estonian authorities. If we receive a request from any foreign government, we will refuse to comply and will instead refer the requestor to place a formal request to the Estonian authorities for mutual assistance.
Atomic Mail will never cooperate with any voluntary surveillance programs.
Requests by Private Third Parties
We will not comply with any requests from private third parties to provide information about our Users unless we receive a valid Estonian court order to that effect.
Support Center
The User can report disruptions and ask questions in the manner indicated by Atomic Mail on the Website. Atomic Mail will try to respond to such questions properly and within a reasonable term, but cannot offer any guarantees in this respect.
Information regarding the use of the Atomic Mail Service is provided to the User through the Support Center on the Website. The User is expected to read the information available there first before submitting a question via [email protected].
Updates
Atomic Mail may modify the software of the Atomic Mail Service as the occasion arises to improve functionality and rectify errors. These changes may be made without prior notice to you. Because the Atomic Mail Service is offered to multiple Users, it is not possible to omit a modification for a single User. Atomic Mail is not liable for compensation for any loss incurred as a result of the modification of the Atomic Mail Service.
Availability and Maintenance
We strive to provide uninterrupted and optimal availability of the Atomic Mail Service, but we do not offer any guarantees thereof. Atomic Mail reserves the right to deactivate the Atomic Mail Service temporarily for maintenance, modification, or improvement of the Service and the web servers of Atomic Mail. Atomic Mail will attempt to ensure that temporary deactivation of Atomic Mail Service causes as little disruption as possible to Users.
Under no circumstances will Atomic Mail be liable to pay any compensation for any damage sustained by the User due to the Service being deactivated for maintenance purposes.
Backup
Multiple backups are made daily of all Accounts, with a maximum interval of one hour between each backup. Atomic Mail determines the execution time of the backups. Data stored in backup form is retained for no longer than three days.
In addition to relying on the emergency backup system of our infrastructure, you may choose to store your own local copies of your data. If your Account is terminated in accordance with these Terms of Service, we may permanently delete your data from our servers. We have no obligation to return data to you after the Agreement between you and us is terminated.
Personal Details
Atomic Mail does not collect personal details from its Users.
Prices and Payment
Atomic Mail does not charge any fees for the use of its Service and does not accept payments from Users.
EXCLUSION OF WARRANTIES
ATOMIC MAIL PROVIDES THE ATOMIC MAIL SERVICE AND THE WEBSITE "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTY OF ANY KIND. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ATOMIC MAIL DISCLAIMS ANY IMPLIED WARRANTIES OR REPRESENTATIONS. ATOMIC MAIL EXPRESSLY DOES NOT REPRESENT OR WARRANT THAT THE ATOMIC MAIL SERVICE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE, UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES IS ATOMIC MAIL LIABLE FOR ANY INDIRECT DAMAGE SUSTAINED BY THE USER OR THIRD PARTIES, INCLUDING CONSEQUENTIAL DAMAGE, LOSS OF TURNOVER, AND IMMATERIAL DAMAGE.
THE LIABILITY OF ATOMIC MAIL AGAINST THE USER, ON WHATEVER GROUND (INCLUDING FAILURE TO COMPLY WITH A WARRANTY OBLIGATION), SHALL BE LIMITED TO THE AMOUNT OF €500.00 (FIVE HUNDRED EURO), EXCLUDING VAT, WHEREBY A SERIES OF CONNECTED EVENTS SHALL BE CONSIDERED A SINGLE EVENT.
THE USER INDEMNIFIES ATOMIC MAIL AGAINST ANY AND ALL CLAIMS BROUGHT BY THIRD PARTIES IN RESPECT OF COMPENSATION OF DAMAGE, COSTS, OR INTEREST IN CONNECTION WITH THE USER'S USE OF THE ATOMIC MAIL SERVICE.
THE PRECEDING SUBSECTIONS OF THIS ARTICLE DO NOT APPLY IF AND INSOFAR AS AN INTENTIONAL ACT OR OMISSION OR WILLFUL RECKLESSNESS ON THE PART OF THE MANAGEMENT OF ATOMIC MAIL CAUSED THE DAMAGE IN QUESTION.
Force Majeure
Atomic Mail will not be obliged to comply with any obligation towards the User if it is prevented from doing so as a result of a circumstance over which it has no control.
In the event of such a situation involving Force Majeure, the performance of the Agreement may be suspended without that leading to any obligation to pay compensation.
If a situation involving Force Majeure prevents compliance for longer than two months, either Party will be entitled to terminate the Agreement immediately without that giving rise to any obligation to pay compensation.
Intellectual Property Rights
Atomic Mail (or its licensors) retains all legal rights, title, and interest in and to the Atomic Mail Service and the Atomic Mail Website. This includes any intellectual property rights subsisting in the Atomic Mail Service, the Website, and any part thereof. You acknowledge these rights and agree to respect them at all times. The email messages Users may send using the Atomic Mail Service (including header, body text, and attachments) are not the property of Atomic Mail, nor does Atomic Mail claim any right thereto or accept any responsibility toward the content thereof.
The Agreement grants the User a personal, worldwide, non-assignable, and non-exclusive right to use the Atomic Mail Service. Unless otherwise agreed by means of a separate agreement, "use" shall not mean to reproduce, duplicate, copy, sell, trade, or resell.
Amendments to the Terms of Service
Atomic Mail reserves the right to make minor amendments to the Terms of Service at any time without notice to the Users.
Amendments to the Terms of Service shall also apply in respect of Agreements that have already been concluded.
The most current version of the Terms of Service can be reviewed on the 'Sign-up' page.
Users will be notified of any Amendments to the Terms of Service that Atomic Mail considers of material impact on the Users' rights under the Agreement at least 30 days before the amendment will take effect.
Users have the right to refuse material amendments to the Terms of Service. Such refusal must be communicated to Atomic Mail by email through [email protected] before the date on which the amendments take effect. In such a case, the Agreement will remain in effect unamended until terminated.
Termination by the User
Any User can terminate the Agreement by clicking a button or link within the Atomic Mail Website containing "Terminate Account" or words of a similar nature and meaning. A User may terminate the Agreement in this way at any time and without stating any reasons or grounds for doing so.
When an Agreement is terminated by a User, all data contained in the Account, including all emails, is immediately deleted permanently. Only the backup will remain for the maximum retention period of three days. The User has no right to obtain or gain access to data stored in this temporary backup after termination.
Consequences of Termination
When an Agreement is fully terminated, all data contained in the Account, including all emails, is immediately deleted permanently. Only the backup will remain for the maximum retention period of three days. Atomic Mail has no obligation to restore an Account from such backups on request of the User once the Account has been terminated.
Final Provisions
The Agreement shall be governed by Estonian law, without regard to any conflict of law provisions.
The court of Tallinn, Estonia, shall have exclusive jurisdiction to settle disputes relating to the Agreement which cannot be settled amicably.
Changes in management or legal form will not affect the Agreement.
Partial nullity: In the event that one or more of the provisions of this Agreement and/or the Terms of Service should be nullified, the remaining provisions of this Agreement and/or the Terms of Service shall remain in full force. In this case, the Parties shall agree on new provisions to replace the nullified provisions, having regard to the purpose and purport of the original Agreement and/or Terms of Service as far as possible.
If Atomic Mail does not exercise or enforce a legal right or remedy which is available to Atomic Mail under the Agreement and applicable law, this will not constitute a formal waiver and Atomic Mail will still be entitled to such rights or remedies.
Definitions
- Account: The User's personal email boxes, contacts, and settings associated with one Atomic Mail email address.
- Agreement: Any agreement concluded between Atomic Mail and the User that is subject to these Terms of Service.
- Login Details: The details, such as email address and password, which must be entered to gain access to the Atomic Mail Service.
- Party: A party to the Agreement, either Atomic Mail or the User.
- Recovery Code: A code securely generated by Atomic Mail that can be used by the User to access an Account when the password for the Account has been lost.
- Recovery Email Address: An alternative email address meant to receive the Login Details in the event of loss and to provide an alternative means for Atomic Mail to communicate with the User if the Account is not usable or accessible.
- Settings: The menu accessible in the Atomic Mail Service, providing certain options to Users.
- Spam: Unsolicited email messages for commercial or charitable purposes for which the receiver has not "opted in," meaning the receiver has not given their prior (informed) consent to receiving such messages from the sender.
- Atomic Mail: ATOMIC MAIL OÜ, having its registered office at HARJU MAAKOND, TALLINN, KESKLINNA LINNAOSA, HARJU TN 3 // VANA-POSTI TN 2, 10146, Estonia. Atomic Mail is also what "we," "us," and "our" refer to in this document.
- Atomic Mail Service: The service of making the Atomic Mail email application available to the Users via the Internet.
- Support Center: The section of the Website that provides detailed information about the Atomic Mail Service.
- Terms of Service: The terms and conditions contained in this document.
- User: A natural person or legal entity that concludes an Agreement with Atomic Mail to use the Atomic Mail Service. A User is also referred to by the word "you" in this document, since we assume that those who take the time to read these Terms of Service are Users or will shortly become Users.
- Website: atomicmail.io and all its sub-domains.
Contact Us
If you have any questions, complaints, or comments regarding our Terms of Service, please write to us using the contact details stated on our contact page at [email protected] For any questions, complaints, or comments regarding our Atomic Mail Service, please refer to our Support Center.