AdGuard Mail End-User License Agreement

IMPORTANT: THESE TERMS OF SERVICE (“TERMS”, “EULA”) ARE A LEGAL AGREEMENT BETWEEN YOU (AN INDIVIDUAL) AND ADGUARD SOFTWARE LIMITED (OWNER OF ALL RIGHTS, WHETHER EXCLUSIVE OR OTHERWISE, TO THE SOFTWARE). READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS OR USING THE SOFTWARE, WHETHER ACCESSED VIA THE WEB OR AS AN INSTALLED APPLICATION. BY USING THE SOFTWARE, OR BY PRESSING A BUTTON INDICATING YOUR ACCEPTANCE IN THE WINDOW CONTAINING THESE TERMS, OR BY TYPING THE APPROPRIATE SYMBOL(S), YOU CONFIRM YOUR ACCEPTANCE OF THE SOFTWARE AND AGREE TO BECOME BOUND BY THESE TERMS.

IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE, AND/OR YOU MUST DELETE THE INSTALLED SOFTWARE.

NOTE THAT THESE TERMS REQUIRE THAT YOU AND ADGUARD SOFTWARE LIMITED SUBMIT ANY DISPUTE ARISING OUT OF THE INTERPRETATION OR APPLICATION OF THESE TERMS OR ANY BREACH THEREOF TO ARBITRATION.

AdGuard Software Limited (“Rightholder”, “we”, “us”, “our”) may modify these Terms from time to time without prior notice. The amendment of these Terms may be broadcasted to you via email and/or by publishing the updated Terms on the AdGuard Mail website (adguard-mail.com, “Website”).

1.1. AdGuard Software Limited provides AdGuard Mail ("Software”), which is an email forwarding and temporary email application available across platforms, including web-based access. You are solely and exclusively responsible for the use of AdGuard Mail. AdGuard Software Limited shall not be liable for any loss, whether monetary or non-monetary, including but not limited to attorney fees or court costs, regardless of any laws or statutes that might suggest otherwise.

1.2. AdGuard Software Limited grants you a non-exclusive and limited license to download and use AdGuard Mail within the scope of the functionality described on the Website, provided that you comply with all requirements, restrictions, and terms specified in this EULA. The AdGuard Mail application and services are owned and copyrighted by AdGuard Software Limited and are protected worldwide. AdGuard Software Limited retains all rights, title, and interest in and to the AdGuard Mail application and services and any portion thereof, including, without limitation, all copyrights, trademarks, service marks, trade secrets, and other intellectual property rights. All rights are reserved unless otherwise noted. Modifying, distributing to unauthorized parties, reverse engineering, or otherwise using AdGuard Mail in any way not expressly authorized by AdGuard Software Limited with written consent or permitted by this EULA is strictly prohibited.

1.3. If you have received, downloaded, and/or installed a beta version of AdGuard Mail, as identified by AdGuard Software Limited, AdGuard Software Limited hereby grants you a non-exclusive license to use the beta version of AdGuard Mail solely for testing purposes and only during the applicable testing period. This license is contingent upon your participation in the Beta testing program of AdGuard Software Limited and your compliance with all rules of the Beta testing program, as well as with all requirements, restrictions, and terms specified in this EULA. Any use of the beta version of AdGuard Mail for purposes other than testing or beyond the applicable testing period is strictly prohibited.

1.4. AdGuard Mail, which AdGuard Software Limited may provide on a free basis in accordance with Section 1.2, may have a number of limitations, such as restrictions on the number of email aliases you can create and the number of recipients you can forward emails to. Information on these and other limitations is provided on the Website.

1.5. To use AdGuard Mail, you must install the Application or visit the Website and log in using your email address or sign up by creating a new account. You must provide a valid email address when signing up. You may also log in with an email and password that you have previously registered on the Website or other Rightholder’s websites, such as adguard.com.

1.6. We may modify or discontinue AdGuard Mail free services and benefits without notice at any time at our sole discretion.

1.7. Your continued use of AdGuard Mail after any modifications to this EULA have been made will constitute your acceptance of such modifications.

2.1. You may not make or distribute copies of the Software or transfer the Software from one device to another or over a network.

2.2. You may not alter, merge, modify, or adapt the Software, or decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form, except to the extent permitted by applicable law notwithstanding this restriction or to the extent otherwise expressly permitted by the Rightholder.

2.3. You may not sell, resell, rent, lease, or sublicense the Software. Only authorized Partners of Rightholder are permitted to resell or sublicense the Software.

2.4. You may not modify the Software or create derivative works based upon the Software.

2.5. In the event that you fail to comply with this EULA, Rightholder may terminate all licenses to the Software, and you must destroy all copies of the Software.

2.6. Unless otherwise provided herein, you shall not when using the beta version of the Software

(A) use the beta version of the Software for any purpose other than to test the Software,

(B) use the beta version of the Software if you do not participate in the Beta testing program of the Rightholder or if you violate the rules of the Beta testing program,

(C) distribute, share, send, or make the beta version of the Software otherwise available to third parties without prior written consent of the Rightholder, or

(D) breach the confidentiality of the beta version of the Software, its functions, features, characteristics, design, user interface, documentation, or other related materials by publishing, sharing, sending, disclosing, or otherwise making them available to third parties without prior written consent of the Rightholder.

2.7. You may not remove or modify any proprietary notices or labels from the Software or any output of the Software, including author attribution and copyright notices.

2.8. You may not use the AdGuard Mail application for any unauthorized or illegal purpose or activity under applicable international, national, and local laws in the countries where the application is used and where the AdGuard Mail servers are located. This includes, but is not limited to:

(A) Sending, uploading, or transmitting any materials or information of unacceptable content, including but not limited to offensive, defamatory, fraudulent, or harassing content, as well as content that violates any law or the rights of others.

(B) Infringing upon the intellectual property rights of others, including but not limited to patents, trademarks, trade secrets, copyrights, or other proprietary rights.

(C) Engaging in the transmission of unsolicited advertising, "spam" emails, or other deceptive practices, including misrepresenting yourself as another person or entity.

2.9. Only persons 18 years of age or older may use AdGuard Mail. You are not allowed to use AdGuard Mail if you are a minor, if you have been or are prohibited to access AdGuard Mail, or if your Account has been suspended or deleted due to any reason.

2.10. You may not use another person’s email address or misrepresent yourself as another person when signing up to create your Account or when logging in to use AdGuard Mail.

2.11. You may not download, install, use the Software or purchase the subscription to the Software if the country in which you reside is an EU or U.S. embargoed country, or if you are a person to whom the shipment of the Software is prohibited under the export control laws, rules, regulations, restrictions and national security controls of the European Union, the United States, and other applicable foreign agencies.

2.12. In the event of a violation, we reserve the right to suspend your account or limit your access to AdGuard Mail at our sole discretion. Such suspension or restriction may be implemented by AdGuard Mail immediately and without notice. If your Account has been suspended, you may contact us for further information.

3.1. AdGuard Mail has a strong Privacy Policy that describes what data AdGuard Mail apps can collect and when. Another document — Website & Cookies Privacy notice — explains in detail how AdGuard Software Limited handles your personal data in relation to your browsing of the Website.

3.2. Before using AdGuard Mail, you acknowledge that you have read and understood our Privacy Policy, which explains the types of information we collect and process, and what may happen to that information, including, without limitation, how such information is shared and used.

By installing and using AdGuard Mail, you agree to the present Terms and the terms and conditions of data processing by AdGuard Software Limited as set out in our Privacy Policy, which is available at the link above.

3.3. AdGuard Software Limited shall receive and process certain data to fulfill our obligations set forth in these Terms and to provide you with the functionality of AdGuard Mail. The data we process depends on the operating system for which the Software is designed. Such data may be considered personal data in accordance with the laws of certain territories and countries. We take the protection of your personal data seriously and process it in accordance with applicable data protection laws. You can read more about our data processing practices in our Privacy Policy.

3.4. AdGuard Software Limited will use your email address to send you notifications about modifications, new versions, and features of AdGuard Mail. Additionally, you may provide your consent to receive promotional information about AdGuard Mail or other products and services offered by AdGuard Software Limited. If you wish to stop receiving marketing emails, you can withdraw your consent at any time through your Account settings or by unsubscribing directly from the received email.

4.1 YOU EXPRESSLY AGREE THAT YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE IS PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. RIGHTHOLDER AND ITS SUPPLIERS AND PARTNERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS WITH REGARD TO THE SOFTWARE OR ANY PRODUCTS OR SERVICES PROVIDED UNDER THIS EULA, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND QUIET ENJOYMENT. RIGHTHOLDER DOES NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. NO RIGHTS OR REMEDIES REFERRED TO IN ARTICLE 2 or ARTICLE 2A OF THE UNIFORM COMMERCIAL CODE (UCC), AS IMPLEMENTED IN ANY JURISDICTION, WILL BE CONFERRED ON YOU UNLESS EXPRESSLY GRANTED HEREIN. THE SOFTWARE IS NOT DESIGNED, INTENDED, OR LICENSED FOR USE IN HAZARDOUS OR HIGH-RISK ENVIRONMENTS OR USE CASES REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE, OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. RIGHTHOLDER SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES.

4.2. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SOFTWARE OR ANY PRODUCTS OR SERVICES PROVIDED UNDER THIS EULA, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO SIXTY (60) DAYS FROM THE DATE OF DELIVERY OF SUCH SOFTWARE, PRODUCTS, OR SERVICES.

4.3. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE RIGHTHOLDER, ITS PARTNERS, OR THEIR AGENTS OR EMPLOYEES, SHALL CREATE A REPRESENTATION OR WARRANTY, NOR IN ANY WAY INCREASE THE SCOPE OF ANY EXPRESS REPRESENTATION OR WARRANTY PROVIDED HEREIN.

4.4. THE RIGHTHOLDER SHALL HAVE NO LIABILITY, AND YOU RELEASE THE RIGHTHOLDER FROM ANY AND ALL LIABILITY, IF THE SOFTWARE HAS BEEN ALTERED IN ANY WAY, OR FOR ANY FAILURE THAT ARISES FROM THE USE OF THE SOFTWARE WITH ANY HARDWARE CONFIGURATION, PLATFORM, OR OPERATING SYSTEM OTHER THAN WHAT IS RECOMMENDED.

4.5. THE RIGHTHOLDER IS NOT RESPONSIBLE FOR ANY THIRD-PARTY SOFTWARE INSTALLED BY YOU, WHETHER INTENTIONALLY OR INADVERTENTLY, OR FOR PURCHASING LICENSES OR DOWNLOADING THE SOFTWARE FROM AN UNAUTHORIZED PARTY THAT IS NOT A RIGHTHOLDER PARTNER.

4.6. YOU ARE RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SOFTWARE DOES NOT VIOLATE APPLICABLE LAW, THIRD-PARTY RIGHTS, OR YOUR CONTRACTUAL OBLIGATIONS TO THIRD PARTIES.

5.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER THE RIGHTHOLDER NOR ITS SUPPLIERS OR PARTNERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR THE LIKE) ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE OR ANY PRODUCTS OR SERVICES PROVIDED UNDER THIS EULA. THIS APPLIES WHETHER BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF THE RIGHTHOLDER OR ITS SUPPLIERS OR PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

5.2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE RIGHTHOLDER’S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAID TO THE RIGHTHOLDER FOR ANY SOFTWARE OR OTHER PRODUCTS OR SERVICES PROVIDED UNDER THIS EULA.

5.3. THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO ALL ASPECTS OF THIS EULA.

6.1. Applicable law, arbitration, and choice of venue. This EULA will be governed by and construed in accordance with the laws of the Republic of Cyprus, without reference to conflicts of law rules and principles. This EULA shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Any dispute arising out of or related to the interpretation or application of the terms of this EULA, or any breach thereof, shall, unless settled by direct negotiation, be adjudicated by arbitration in the Republic of Cyprus. Any award rendered by the arbitrator shall be final and binding on the parties, and any judgment on such arbitration award may be enforced in any court of competent jurisdiction. Nothing in this section shall prevent a Party from seeking or obtaining equitable relief from a court of competent jurisdiction, whether before, during, or after arbitration proceedings.

6.2. Entire agreement and non-waiver. This EULA constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. You agree that any varying or additional terms contained in any purchase order or other written notification or document issued by you in relation to the Software licensed hereunder shall have no effect. The failure or delay of the Rightholder to exercise any of its rights under this EULA or upon any breach of this EULA shall not be deemed a waiver of those rights or of the breach.

6.3. Restriction on amendments. No Rightholder Partner, nor any agent or employee of a Rightholder Partner, is authorized to make any amendments to this EULA. In the event of any conflict or ambiguity between this EULA and any separate terms or conditions provided by a Rightholder Partner regarding the Software, this EULA shall prevail.

6.4. Severability. If any provision of this EULA is held by a court of competent jurisdiction to be contrary to law, that provision shall be enforced to the maximum extent permissible, and the remaining provisions of this EULA shall remain in full force and effect.

6.5. No use where prohibited. The use of the Software is unauthorized in any jurisdiction that does not give effect to all provisions of this EULA.

6.6. Assignment. You may not assign, by operation of law or otherwise, any rights or delegate any duties under this EULA to any third party without the prior written consent of the Rightholder. Any purported assignment without such consent shall be void from its inception. The Rightholder may assign all or part of its rights and/or delegate all or part of its duties under this EULA to any party, at any time, and at its sole discretion, upon providing notice of such assignment by publishing it on the Website.

7.1. Termination by AdGuard Software Limited. AdGuard Software Limited may suspend or terminate your access to the AdGuard Mail service at any time, with or without cause, including, but not limited to, if you breach this EULA or engage in prohibited activities. Termination of your access to AdGuard Mail does not affect your access to your AdGuard account or other services provided by AdGuard Software Limited. We may provide notice of termination via the primary email address associated with your AdGuard Mail account.

7.2. Termination by You. You may terminate your use of the AdGuard Mail service through your personal account dashboard at my.adguard.com, which serves as the management point for your AdGuard Mail account and other AdGuard services. Termination of your use of AdGuard Mail will not impact your ability to access your AdGuard account or other AdGuard services.

7.3. Effect of Termination. Upon termination, your right to use AdGuard Mail will immediately cease. Sections of this EULA that, by their nature, should survive termination shall continue to apply, including but not limited to sections related to liability, warranties, governing law, and dispute resolution.

7.4. Notice of Termination. Where reasonably possible, we will provide you with notice of termination via the primary email address associated with your AdGuard Mail account. Notice may also be provided through the AdGuard Mail application or by other reasonable means.

No action, regardless of its form, arising out of the transactions under this EULA may be brought by either party more than one (1) year after the cause of action has accrued, except that an action for infringement of intellectual property rights may be brought within the maximum applicable statutory period.

Should you have any questions concerning this EULA, or if you wish to contact the Rightholder for any reason, please reach out to our customer support service:

Email: support@adguard-mail.com Website: adguard-mail.com

© 2024 ADGUARD SOFTWARE LIMITED. All Rights Reserved. The Software and any accompanying documentation are copyrighted and protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.