Terms of service

DRAFT — not legal advice. Review with qualified counsel (Indian law: IT Act 2000, DPDP Act 2023; plus GDPR/UK GDPR if serving EU/UK customers) before publishing.

Last updated: [Effective date]

These terms are an agreement between [Company legal name], [Registered address] ("vizsu", "we", "us") and the person or organisation that signs up for Mail by vizsu ("you", "the customer"). If you sign up on behalf of an organisation, you confirm you can bind it to these terms.

1. The service

Mail by vizsu ("the service") is hosted business email for domains you own. It includes:

• mailboxes on your custom domain, aliases, groups, shared mailboxes and forwarding;
• webmail, plus IMAP and SMTP access from standard mail apps;
• an admin dashboard and an API;
• import and export tools.

We may change, add or remove features. If a change materially reduces what a paid plan includes, we will give you at least [30] days' notice.

2. Accounts and sign-in

• You sign up and sign in with a vizsu account (vizsu SSO). The vizsu account terms also apply to that account.
• Keep your credentials safe. Turn on multi-factor authentication where vizsu SSO offers it. You are responsible for activity under your account and your mailboxes.
• You must give accurate information and be at least 18, or the age of majority where you live.
• Tell us straight away at [Support email] if you suspect unauthorised access.

3. Your domains

• You may only add domains you own or are authorised to use. We check ownership with a DNS TXT record.
• A domain claim that is not verified within 7 days lapses, and another customer may then claim it.
• We may refuse domains that are disposable, imitate another brand, or are reserved by vizsu.
• You are responsible for your DNS (MX, SPF, DKIM, DMARC). Mail delivery depends on those records being correct.

4. Plans, limits and fees

• New accounts have a warm-up period: for the first 7 days, all mailboxes in an account together may send to 50 recipients per rolling 24 hours.
• Limits are enforced automatically. When you reach a limit, the action is refused until usage drops or you upgrade.
• Paid plans are billed in advance through the vizsu payment gateway. Prices exclude taxes such as GST, which we add where required.
• If a payment fails, your subscription becomes past due. After [grace period] we may move the account to the Free plan or suspend paid features. Data over the Free plan limits is not deleted during [grace period]; see section 10.
• Refunds: [Refund policy — e.g. "fees are non-refundable except where required by law or stated in the SLA"].
• We may change prices with at least [30] days' notice. Changes apply from your next billing period.

5. Acceptable use

You must follow the Acceptable use policy. In short: no spam, phishing, malware or illegal content, and no attempts to get round sending limits. Breaching it can lead to suspension or termination.

6. Your content and data

• You own the mail, contacts, files and other content you or your users store in the service ("customer content").
• You give us a limited right to host, copy, transmit, scan (for spam, malware and abuse) and display customer content only to provide, secure and support the service.
• For customer content that contains personal data, you are the data controller (or data fiduciary under the DPDP Act) and we act as your processor. The Data processing agreement forms part of these terms.
• How we handle account data about you is set out in the Privacy policy.
• You are responsible for having the right to send, receive and store customer content, and for giving required notices to your users.

7. Our responsibilities

• We run the service with reasonable skill and care and apply the security measures in the Security overview.
• Business plan availability is covered by the SLA. The Free plan has no availability commitment.
• We do not read your mail except where needed to: run automated spam, malware and abuse filters; investigate abuse or security incidents; answer a support request you raise; or comply with the law.

8. Suspension

We may suspend sending, a mailbox, or the whole account, with or without notice, if:

• automated controls detect abuse, such as a sudden sending spike, a hard-bounce rate above 5% or a complaint rate above 0.1%;
• you breach these terms or the acceptable use policy;
• it is needed to protect the service, other customers or third parties; or
• the law requires it.

Sending suspension stops outgoing mail only. Your mailboxes still receive mail and you can still read and export it. We will tell you the reason where we lawfully can and give you a way to appeal. See the Acceptable use policy.

9. Termination

• You can close your account at any time from the dashboard. Paid plans run until the end of the current billing period unless [Refund policy] says otherwise.
• We may terminate for material breach not cured within [14] days of notice, or immediately for serious abuse or where required by law.
• We may end the Free plan with [60] days' notice.

10. What happens to your data

• Deleted mailboxes can be restored for 30 days, then they are permanently deleted.
• After account closure or termination you have 30 days to export your data. After that we delete customer content, except copies in backups, which expire within a further 30 days, and data we must keep by law.
• Details: Data retention and deletion policy.

11. Third-party services

The service relies on sub-processors listed in Sub-processors. Optional connectors (such as importing from Google or Microsoft accounts) are governed by those providers' terms as well.

12. Warranties and disclaimers

Except as stated in these terms and the SLA, the service is provided "as is". We do not promise that every message will be delivered, that filtering will catch all spam or malware, or that the service will be uninterrupted. Email delivery depends on systems outside our control. Keep your own copies of important data.

13. Limitation of liability

• Neither party is liable for indirect, consequential, special or punitive losses, or for loss of profit, revenue or goodwill.
• Our total liability in any 12 months is limited to [Liability cap — e.g. "the fees you paid us in the 12 months before the claim", with a fixed floor of INR [amount] for Free plan users].
• Nothing limits liability that cannot be limited by law, [or liability for breach of confidentiality / data protection obligations above the cap — counsel to confirm].

14. Indemnity

You will defend and indemnify us against third-party claims arising from your customer content, your domains, or your breach of the acceptable use policy. [Counsel to confirm whether vizsu gives a reciprocal IP indemnity on the Business plan.]

15. 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 dashboard. If you do not agree, you can close your account before the change takes effect.

16. Governing law and disputes

These terms are governed by the laws of India. Courts at [City], India have exclusive jurisdiction, [or: disputes go to arbitration under the Arbitration and Conciliation Act 1996, seated at [City]]. Consumer rights you have under the law where you live are not affected.

17. Grievances and contact

• Grievance Officer (IT Act 2000 and DPDP Act 2023): [Grievance Officer name/email], [Registered address]. We acknowledge grievances within [24 hours / 48 hours] and resolve them within [15] days.
• Support: [Support email]
• Abuse: abuse@vizsu.com
• Security: security@vizsu.com

18. General

These terms, the documents they link to, and any order form are the whole agreement. If any part is unenforceable, the rest still applies. You may not assign these terms without our consent; we may assign them to an affiliate or successor. Neither party is liable for delays caused by events beyond its reasonable control.

---

Placeholders to fill

• [Effective date]
• [Company legal name], [Registered address]
• [Support email]
• [Grievance Officer name/email]; grievance acknowledgement and resolution times
• [Business limit], [Business limit / per seat], [Business storage], [Business message size], [Business sending limit]
• [Price, currency, billing interval]
• [grace period] for failed payments
• [Refund policy]
• Notice periods: [30] days for feature/price/terms changes, [14] days cure period, [60] days Free plan end
• [Liability cap] and INR floor; carve-outs above the cap
• Reciprocal IP indemnity decision
• [City] for courts or arbitration seat; courts vs arbitration
• Link to the vizsu account terms