1.2 Each User must read, comply and adhere to these Terms in order to access and use the Services of Confidesk. The User cannot use the Services if he does not accept these Terms.
1.3 In order to register and use the Services, each User must accept these Terms by clicking the "I accept" button on the Website of Confidesk (check the box).
1.4 The User acknowledges and agrees that the Terms and the Services which Confidesk provides may change from time to time without prior notice. Changes will be announced on the Website of Confidesk. Confidesk reserves the right to alter these Terms at any time. The most recent version always takes precedence.
1.5 The User agrees that any and every claim for damages arising directly or indirectly out of the lack of information about the changes of this policy is excluded. The User accepts any changes of this Policy within the next login to his account.
2. Description of Services
2.1 Confidesk provides different email and storage Services to its Users. These Terms just give a short overview of the provided Services. A more detailed description of the Services can be found on the Website of Confidesk.
2.2 The paid account allows the User to use all relevant functions of the Services such as sending, receiving, reading and storing emails, uploading, storing and downloading files. Storage size depends on the package the User pays for. The details and the content of the different packages are described on the Website of Confidesk.
2.3 The limited account allows the User to use all relevant functions of the Services such as sending, receiving, reading and storing emails, uploading, storing and downloading files. The User acknowledges and agrees that a limited account is subject to a limit of 50 MB of email and file storage space.
2.4 The read-only account includes only a limited function of the Services as the User is limited to receiving, reading and storing, but is not able to write and send emails or upload files. If a limited account uses more than 50MB of storage or a paid account's subscription expires, these accounts are automatically converted to read-only accounts.
2.5 The User can choose his own address and receives an address provided by Confidesk.
2.6 Confidesk also offers a mobile authentication package. The User can use the package to get one-time passwords via text messages in order to log in or to send encrypted messages to non Confidesk Users. The key to open the message will be sent as well in text messages. Confidesk is not responsible for the delivery of the text messages sent to mobile phones.
3.1 The User must comply with the rules of registration as put forth by Confidesk. The User agrees to provide true, accurate, complete and current information and to promptly update the details in order to keep them true, accurate, complete and current. However, Confidesk reserves the right to check the authenticity of the User's details at any time and if they falsified, to terminate the User's access, preventing their further use of the Services.
3.2 After registering for a Confidesk account, the User selects a User name, a password and receives an email address.
4. Security and Password
4.1 The User agrees and understands that he or she is responsible for keeping the confidentiality of the password and the account and he agrees to be solely responsible to Confidesk for all activities which may occur in his or her account.
4.2 The User agrees to immediately notify Confidesk of any unauthorized use of his password or account or any other breach of security and ensures that he exits from his account properly at the end of each session.
4.3 During the development of the Services, considerable emphasis was placed on developing effective security measures. All the Services are encrypted. However, the User agrees and acknowledges that, despite its best efforts, Confidesk cannot guarantee that the systems and processes in use are completely secure and without errors. Confidesk reserves the right to implement other security measures or to authenticate Users by some other means.
4.4 Confidesk encrypts all the data users upload or receive. The data can be decoded only by knowing the password of the User.
4.5 Confidesk does not know the User's password, cannot change it and cannot create a new password. Only the User who knows the password is able to change it. If the User loses the password, the data encrypted with the help of the password cannot be decoded.
5.1 Confidesk endeavors to provide the Services 24 hours a day, 7 days a week, but Confidesk has no obligation to do so. Confidesk reserves its right to suspend the Services at any time at its own discretion for any reason.
6. Use of Services
6.1 The User acknowledges and agrees to use the Services only for purposes that are permitted by these Terms and any applicable laws and regulations. Confidesk does not tolerate any illegal activity under any User's account.
6.2 The User agrees not to use the Services of Confidesk for sending junk emails, spam, and chain letters or for making use of email address lists which contain any addresses which have not explicitly agreed to being on the list in question.
6.3 The User acknowledges and agrees not to reproduce, duplicate, copy, sell, trade or resell the Services for any purpose unless the User has been specifically permitted to do so.
6.4 The User acknowledges and agrees that all information, e.g. data files, written text, pictures, music etc. (thereafter "Content") which he or she may have access to trough his use of the Services are solely his or her responsibility or that of the content's originator.
6.5 The User acknowledges and agrees that by using the Services he may be exposed to Content that he may find offensive, indecent or objectionable and that, in this respect, he uses the Services at his own risk.
7.1 For the paid accounts the minimum subscription period is 90 days. Other options are subscription periods of 180 days or 360 days. Payments are to be made by credit card, debit card or by PayPal. The User can choose recurring payments (automatic subscription renewal).
7.2 Confidesk does not store credit card details, except the absolutely required data such as the User name, the User's real name, the type of the paid package, the subscription expiration date and the amount paid.
8. Termination of the Services
8.1 These Terms apply until terminated by the User or by Confidesk as detailed below.
8.2 The User acknowledges and agrees that Confidesk may terminate the Services or the access to the Services at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever.
8.3 In case of Users misusing the Services for illegal activities by the User, the Services will be terminated by Confidesk immediately without prior notice. Activities that are absolutely not tolerated include the purchase or sale of objects and substances which are illegal, the purchase or sale of stolen goods, making threats to individuals or property, stalking, the possession or distribution of child pornography and fraud. Any kind of breach of these terms and the applicable law by the User may additionally result in legal measures pursuant of the relevant applicable criminal or any other law.
8.4 The User also may terminate his or her use of the Services at any time without notifying Confidesk.
8.5 If the subscription period of a paid account expires (without renewal), it will automatically be converted to a read-only account, with the Services described under section 2.4 above. 30 days before the subscription of the account expires, the User will be informed about its end.
8.6 The User agrees that any non-paid account will be terminated by Confidesk after 6 months of inactivity.
8.7 Confidesk has no obligation to store or forward the contents of the User's account. After termination of the Services by Confidesk or inactivity lasting one year all data will be deleted except the data which is to be kept such as system login, User name and payment details.
9. Exclusion of warranties
9.1 The User expressly understands and agrees that the use of the Services is at his sole risk and that the Services are provided "as is" and "as available".
9.2 Among other things, Confidesk does not represent or ensure to the User that the use of the Services will meet the user's requirements and the use of the Services will be uninterrupted, timely, secure or free from error. Confidesk is not responsible for any damages incurred by using the Services or the breaching of any laws.
9.3 No advice or information, whether oral or written, obtained by the User from Confidesk or through the Services creates any warranty not expressly stated in these Terms.
10. Limitation of Liability
10.1 Any and every claim for damages arising directly or indirectly from the use of the Services and the information published on this Website is totally excluded, with the exception of such a claim based on intent or willful negligence.
10.2 The User agrees that Confidesk is not responsible or liable for the failure to send, receive or store emails, or the deletion of data or other information.
10.3 The User has been advised of the limitation on the Confidesk Services (incl. the storage capacity), the terms of termination etc. Confidesk is not liable for any loss of Services, termination of Services and any loss of User's data and its (personal or financial) consequences.
10.4 Confidesk always reserves the right to restrict access to any Services and to deny, without any notice and at its sole discretion, any User's access to the Website, its account and the Services. The User agrees to use the Services of Confidesk and any information on its Website at his or her own risk. The amount of allowed storage space per User is limited to 50 MB for non-paid limited accounts. By using the limited account some emails may not be processed due to space constraints or outbound message limitations.
11.1 The Services are partly supported by advertising revenue and from time to time may display from time to time advertisements and promotions in non-paid accounts. Advertisements and promotions may also be sent by the emails of third parties to the non-paid accounts.
11.2 The User acknowledges and agrees that there is no binding offer on the Website of Confidesk.
11.3 The Website does not constitute or form part of, and should not be constructed as, an offer or invitation to make any kind of contract. Whenever Confidesk would like to offer something to one of its Users, Confidesk will declare its intention clearly and unambiguously. In case the contents of the above mentioned e-mails are not clear, as it may be part of an offer (advertisement) by Confidesk or any third party, it is to be interpreted as not imposing any obligation for Confidesk. Confidesk or third parties may provide links to other websites or resources. The User acknowledges and agrees that Confidesk is not responsible for the availability of such external websites or resources, and does not endorse or accept responsibility for any Content, advertising, products or other materials on or available from such websites or resources. The User further acknowledges and agrees that Confidesk shall never be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with the use of any such Content, goods or Services available on or through any such website or resource.
12. Privacy and Data Protection
12.1 Upon registration, Confidesk only asks its Users to disclose a very limited amount of data. Confidesk is committed to collecting, storing and editing data in a strictly confidential manner. Confidesk adheres to any applicable legislation in force regarding the treatment of data, especially the Swiss Act on Data Protection (DPA).
12.2 Confidesk uses the personal data for the sole purpose of technical administration of the websites, customer fulfillment and administration, product surveys and marketing, only to the extent necessary in each specific case.
12.3 Confidesk will only disclose the data to governmental authorities in cases where it is required to do so by law.
12.4 After termination of the Services, Confidesk will not process the User's data.
13. Proprietary rights and copyright
13.1 Any Content of the Website or its Services is protected by intellectual proprietary right and copyright law.
13.2 Any Content of the Website presented to the User as part of the Services, including but not limited to advertisements in the Services sponsored content may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that content to Confidesk. The User may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content unless he has been authorized by Confidesk or the specific owners to do so.
14. General Legal Terms
14.1 These Terms are under constant review, and may be modified and updated in the future. However, Users will always have the option of having their information permanently removed from the database as described above.
14.2 If sections or individual terms of these Terms are not legal or correct, the content or validity of the other parts remain uninfluenced by this fact.
15. Law and jurisdiction
15.1 These terms and conditions shall be governed by and construed in accordance with English law.
15.2 Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of England.
16. Our details
16.1 This website is operated by Kronolab Limited.
16.2 We are registered in England and Wales under registration number 9637808, and our registered office is at 47 Churchfield Road, W3 6AY London.
16.3 Our principal place of business is at 47 Churchfield Road, W3 6AY London.
16.4 You can contact us by email to firstname.lastname@example.org.