Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and SwiftMail Sàrl, a company incorporated under the laws of Switzerland with its registered office in Zürich, Switzerland ("SwiftMail," "we," "our," or "us").

By creating an account or using any part of the SwiftMail service (the "Service"), you agree to be bound by these Terms, our Privacy Policy (available at swiftmail.net/privacy), and any additional terms referenced herein. If you do not agree, do not use the Service.

You must be at least 16 years of age to create an account and use the Service.

2. Description of the Service

SwiftMail provides a privacy-focused email service, including email, calendar, and contacts functionality, hosted on servers located in Switzerland and governed by Swiss law. The Service is designed to protect the confidentiality and privacy of your communications.

The Service is provided on a subscription basis. Features, storage limits, and pricing vary by plan as described on our website at swiftmail.net/pricing.

3. Account Registration and Security

3.1 Account Creation

To use the Service, you must create an account by providing a valid email address (for recovery purposes only), choosing a SwiftMail email address, and setting a password. You agree to provide accurate and complete information during registration.

3.2 Account Security

You are responsible for maintaining the confidentiality of your password and for all activity that occurs under your account. You agree to notify us immediately at security@swiftmail.net if you suspect unauthorised access to your account.

We strongly recommend enabling two-factor authentication (2FA) where available. We are not liable for any loss arising from your failure to maintain account security.

3.3 One Account Per Person

Each account is for the use of a single individual. You may not share your account credentials with others. You may create multiple accounts if each is tied to a separate paid subscription.

4. Subscription and Payment

4.1 Paid Service

The Service is provided on a paid subscription basis. Pricing, plans, and features are described at swiftmail.net/pricing. All prices are quoted in Swiss Francs (CHF) unless otherwise stated.

4.2 Free Trial

We may offer a free trial period for new accounts. At the end of the trial period, you will be required to select a paid plan to continue using the Service. If you do not subscribe, your account will be deactivated and your data will be retained for 30 days before permanent deletion, giving you time to export your data.

4.3 Billing and Renewal

Subscriptions are billed in advance on a monthly or annual basis, depending on the plan selected. Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date.

We will notify you by email at least 14 days before any price increase takes effect, giving you the option to cancel before the new pricing applies.

4.4 Refunds

If you are not satisfied with the Service, you may request a full refund within 30 days of your initial subscription payment. After 30 days, subscription fees are non-refundable except where required by applicable law. Refunds for annual plans after the 30-day period will be calculated on a pro-rata basis for the unused portion.

4.5 Payment Methods

Payments are processed by Stripe. We do not store your full payment card details on our servers. Accepted payment methods are listed at swiftmail.net/pricing. We may also accept cryptocurrency payments.

5. Acceptable Use

You agree to use the Service in compliance with all applicable laws and these Terms. You may not use the Service to:

• Send unsolicited commercial email (spam) or bulk messages
• Distribute malware, viruses, or other harmful software
• Engage in phishing, impersonation, or fraud
• Send or store content that constitutes child sexual abuse material (CSAM)
• Harass, threaten, or abuse other individuals
• Violate the intellectual property rights of others
• Interfere with or disrupt the Service or its infrastructure
• Attempt to gain unauthorised access to other users' accounts or our systems
• Use the Service for any activity that violates Swiss law

We reserve the right to suspend or terminate accounts that violate these terms, with notice where reasonably possible (see Section 10).

6. Your Data and Content

6.1 Ownership

You retain full ownership of all data and content stored in your SwiftMail account, including emails, attachments, contacts, and calendar entries. We claim no ownership rights over your content.

6.2 Limited Licence

By using the Service, you grant SwiftMail a limited, non-exclusive licence to process your data solely as necessary to provide and maintain the Service (e.g., storing your emails on our servers, transmitting them to recipients). This licence terminates when you delete your account.

6.3 Data Portability

You may export your data at any time in standard, open formats: MBOX for emails, vCard for contacts, and iCalendar for calendar data. We provide a self-service export tool in your account settings. We will not impose technical barriers to data export.

6.4 Data Deletion

Upon account deletion, all your data is permanently erased from our active servers within 30 days. Encrypted backups containing your data are purged within 90 days of account deletion. Payment records are retained as required by Swiss law (see our Privacy Policy for details).

7. Privacy and Data Protection

Our Privacy Policy, available at swiftmail.net/privacy, describes in detail how we collect, use, store, and protect your personal data. The Privacy Policy is incorporated into these Terms by reference.

Key commitments:

• We do not read, scan, or mine your emails or attachments.
• We do not sell your data to third parties.
• We do not display advertisements.
• All data is stored on servers in Switzerland.
• We respond only to legal requests that comply with Swiss legal procedures.

8. Service Availability and Modifications

8.1 Availability

We strive to maintain high availability of the Service but do not guarantee uninterrupted access. We may experience downtime due to maintenance, updates, or circumstances beyond our control. We will endeavour to provide advance notice of planned maintenance.

We publish real-time service status at status.swiftmail.net.

8.2 Modifications

We may modify the features, functionality, or pricing of the Service from time to time. For material changes that reduce functionality of your current plan, we will provide at least 30 days' advance notice. If you do not agree with the changes, you may cancel your subscription and export your data.

8.3 Discontinuation

In the unlikely event that we discontinue the Service entirely, we will provide at least 90 days' notice and ensure you have adequate time and tools to export all your data.

9. Intellectual Property

The SwiftMail name, logo, website design, and all software comprising the Service are the intellectual property of SwiftMail Sàrl or its licensors. These Terms do not grant you any rights to use our trademarks, trade names, or branding without our prior written consent.

The Service may include open-source software components, which are subject to their respective licences.

10. Suspension and Termination

10.1 By You

You may cancel your subscription and close your account at any time through your account settings or by contacting support@swiftmail.net. Cancellation takes effect at the end of the current billing period. You will retain access to the Service until then.

10.2 By SwiftMail

We may suspend or terminate your account if:

• You materially breach these Terms (including the Acceptable Use policy in Section 5)
• Your account is used for illegal activity under Swiss law
• You fail to pay subscription fees after reasonable notice and a grace period of at least 14 days
• We are required to do so by law or court order

Except in cases of illegal activity or court order, we will provide you with at least 14 days' notice and an opportunity to export your data before termination. We will explain the reason for termination.

10.3 Effect of Termination

Upon termination, your right to use the Service ceases. Your data will be handled in accordance with our Privacy Policy and Section 6.4 of these Terms.

11. Limitation of Liability

To the maximum extent permitted by Swiss law:

• The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
• SwiftMail shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities, arising from your use of or inability to use the Service.
• Our total aggregate liability for any claims arising under these Terms shall not exceed the amount you have paid to SwiftMail in the 12 months immediately preceding the event giving rise to the claim.

Nothing in these Terms excludes or limits liability for fraud, gross negligence, wilful misconduct, or any liability that cannot be excluded under Swiss law.

12. Indemnification

You agree to indemnify and hold harmless SwiftMail, its directors, employees, and agents from any claims, losses, damages, liabilities, and expenses (including reasonable legal fees) arising from your use of the Service, your violation of these Terms, or your violation of any law or the rights of a third party.

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms are governed by and construed in accordance with the substantive laws of Switzerland, without regard to its conflict of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.

13.2 Jurisdiction

Any disputes arising from or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Zürich, Switzerland, subject to any mandatory legal venue provisions.

13.3 Informal Resolution

Before initiating formal legal proceedings, you agree to contact us at legal@swiftmail.net to attempt to resolve the dispute informally. We will make good-faith efforts to resolve your concern within 30 days.

14. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by email at least 30 days before they take effect. The current version is always available at swiftmail.net/terms with a clear "last updated" date.

Continued use of the Service after the effective date of changes constitutes acceptance of the updated Terms. If you disagree with the changes, you may cancel your subscription and export your data before the changes take effect.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and SwiftMail regarding the Service and supersede all prior agreements, understandings, and communications.

15.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

15.3 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or the right to enforce it in the future.

15.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations in connection with a merger, acquisition, or sale of all or substantially all of our assets, provided the assignee assumes all obligations under these Terms.

15.5 Force Majeure

SwiftMail shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including natural disasters, war, terrorism, governmental actions, power failures, internet disruptions, or pandemics.

15.6 Notices

We will send notices to you via the email address associated with your account. You may send notices to us at legal@swiftmail.net or by post to our registered address. Notices are deemed received 24 hours after email is sent or 5 business days after posting.

16. Contact Information

For questions about these Terms: