Terms of Service

Capitalized words in these Terms have the following meanings.

Service

ExitoMail and everything that comes with it: mail, Exito Vault, Exito Transfer, custom domains, Business organizations, our website, web app and apps, and access through IMAP, SMTP and JMAP.

Account

Your account on the Service, identified by its address and protected by your sign-in credentials.

Consumer

A natural person who uses the Service for purposes outside their trade, business, craft or profession.

Business Customer

Anyone who is not a Consumer, including every Organization and any individual who uses the Service for their business or profession.

Organization

A company or other organization on the Business plan: the Owner and the Members it invites to mailboxes on its domains.

Member

A person whose Account is provided and managed by an Organization.

Plan

The Free plan or a paid plan (a “Paid Plan”), with the limits set out in Plans, storage and limits.

Storage Allowance

The storage your Plan includes, shared by your mail and your Exito Vault files.

Your Content

Everything stored or sent through your Account: messages and attachments, Exito Vault files, transfer files, files you receive through File Requests, and their names and other metadata.

Transfer

A set of files sent with Exito Transfer, reachable through a link (a “Transfer Link”) until it expires.

Share Link

A link that gives access to a file or folder in Exito Vault.

File Request

A link that lets other people upload files to you through Exito Transfer.

Custom Domain

A domain name you own or control and connect to the Service, such as example.com.

Recipient

Anyone who receives mail, a Transfer or a Share Link from you, with or without an account.

Billing Period

The month or year for which you pay for a Paid Plan in advance.

Link

Link, Stripe’s checkout and payment service, and Sold through Link, LLC, the Stripe company that sells Paid Plans on our behalf as merchant of record (see Paid plans, billing and taxes).

“Including” means “including without limitation”.

• Age. You must be at least 16 years old. The Service is not directed to children, and we do not knowingly collect personal information from children under 13 (as the US Children’s Online Privacy Protection Act requires) or from anyone under 16.
• Paid Plans. To buy a Paid Plan, you must be old enough to make a binding payment contract where you live, or have the permission of a parent or legal guardian.
• Capacity. You must be able to enter into a binding contract, and no law that applies to you or to us may prohibit us from providing the Service to you. The sanctions and export rules in Sanctions and export controls apply.
• No earlier termination. We must not have terminated an earlier account of yours for a serious or repeated breach of these Terms, unless we have agreed that you may return.

Using the Service for an organization

If you create an Organization, or accept these Terms on behalf of a company or other organization, you confirm that you are authorized to bind it. “You” then means the organization. It is a Business Customer and is responsible for the use of the Service by its Owner and Members. Individuals who use any Plan for their trade, business or profession are Business Customers too.

Using an account provided by an organization

If your Account is provided by an Organization, for example your employer, the Organization’s agreement with us applies to it, and the Organization controls your Account as described in Business organizations.

We are a US company, so US sanctions and export control laws apply to the Service wherever you use it. EU and UK sanctions may apply too. By using the Service, you confirm that:

• you are not located in, organized in or ordinarily resident in a country or region subject to comprehensive US sanctions (the US Treasury Department’s Office of Foreign Assets Control, “OFAC”, publishes the current list of sanctions programs);
• you are not, and are not owned or controlled by or acting for, a person on a US, EU or UK sanctions list, such as OFAC’s Specially Designated Nationals and Blocked Persons List;
• you will not use, export or re-export the Service, or any software or technical data from it, in breach of US export control laws (including the Export Administration Regulations) or other export laws that apply to you.

We may refuse, suspend or end the Service where we must do so to comply with these laws. Where the law allows, we give you notice and a chance to export Your Content. If the law requires us to freeze or withhold an Account or payment, we do so for as long as it requires, and we refund prepaid fees only where the law permits.

Separately, Link, which sells our Paid Plans, cannot sell them in some countries and territories, so you cannot buy a Paid Plan there (see Where Paid Plans can be bought).

Account types

You can sign up in two ways. A mailbox account comes with an address on @exitomail.com (and, if you like, your own domain), Exito Vault and Exito Transfer. A Exito Vault & Exito Transfer account signs in with an email address you already have with another provider: it has no mailbox with us, and its whole Storage Allowance is for files. Before such an Account exists, we email a one-time code to the address to confirm that it is yours. We do not accept, for this account type, addresses on @exitomail.com or on other domains whose mail we host (those already come with a mailbox), or disposable or temporary addresses. Both account types have the same plans, prices and limits. You can add an @exitomail.com address to a Exito Vault & Exito Transfer account at any time: it becomes a mailbox account with the same files, transfers and plan, and you keep signing in with your own address.

Accurate information and a recovery address

Give us accurate information when you sign up, and keep it up to date. We strongly recommend adding a recovery email address and verifying it: we use it to help you regain access and to send you important notices about your Account and these Terms. We may require a verified recovery address, for example before we help you recover your Account or when we detect signs of abuse. Disposable or temporary addresses are not accepted as recovery addresses. If you sign in with an address you have with another provider, that address plays this role: we send password resets and important notices there, so keep access to it. To protect the Service from automated sign-ups, we limit how many accounts can be created from the same network, and we may use a bot check (such as Cloudflare Turnstile) on sign-up and other forms.

One free account per person

Each person may have one Free account. Additional accounts need a Paid Plan or must be provided by an Organization. Do not create accounts by automated means or in bulk, and do not use extra accounts to get around storage, sending or transfer limits, or around a suspension. We may close accounts created for that purpose, as described in Suspension, termination and your data.

Keeping your account secure

• Use a strong password that you do not use anywhere else, and turn on two-factor authentication with an authenticator app. We strongly recommend it.
• Keep your password and second factor to yourself. Do not share your sign-in details with anyone; on the Business plan, the Owner can invite each person to their own mailbox instead.
• You are responsible for what happens in your Account, unless it happens because we breached these Terms or failed to take reasonable care to protect the Service.
• We store passwords only in hashed form, and we will never ask for your password by email, chat or phone.

If you suspect unauthorized use

Change your password and tell us right away at support@exitomail.com if you think someone else has accessed your Account. Please report security vulnerabilities in the Service to security@exitomail.com, as described on our Security page. If our systems see signs that an Account has been compromised, such as a sudden burst of outgoing spam or a sign-in pattern typical of account takeover, they may restrict it automatically to protect you and others, and we tell you how to restore access.

Your address

Addresses on @exitomail.com are given out on a first-come, first-served basis. We may refuse or reserve addresses, including technical and role addresses (such as postmaster@ or abuse@), addresses that impersonate a person, brand or organization (including us), and addresses that are misleading or offensive. You may use your address for as long as your Account exists, but you may not sell, rent or otherwise transfer it. If an address infringes someone else’s rights or impersonates someone, we may ask you to change it and, if you do not, withdraw it. Except in urgent cases, we give you notice first.

Inactive accounts

We do not close or delete accounts because they have not been used. If we ever introduce an inactivity rule, it will take effect only after we change these Terms as described in Changes to these Terms, and we will notify affected users at their account and recovery addresses well in advance, so that they can sign in or export their data before anything is reclaimed.

The Business plan lets an organization run mail, Exito Vault and Exito Transfer for its team on its own domains: one mailbox per seat, with storage shared across the team.

Roles

• Owner. The Account that holds the plan, its billing and the Organization’s domains.
• Members. People the Owner invites by email to a mailbox on one of those domains. Each Member chooses their own password and accepts these Terms when they join.

The Organization controls member accounts

The Owner can invite Members, suspend and restore their mailboxes, delete them (a deleted mailbox can be restored for 30 days, then it is erased), and manage the addresses, aliases and catch-all on the Organization’s domains. Our tools do not let the Owner read a Member’s mail or files. If you are a Member, your Organization, not us, decides whether your mailbox continues, including when you leave. Please ask the Owner first if you have questions about your Account.

The Organization’s responsibilities

• Make sure Members comply with these Terms and the Acceptable Use Policy. You are responsible for their use of the Service as if it were your own.
• Tell Members how their Accounts are administered, including what the Owner can do with them, and make sure you have a lawful basis for doing so.
• Keep the Owner’s Account secure (we strongly recommend two-step verification), and suspend or delete a Member’s mailbox promptly when they leave.
• Meet any legal obligation you have to retain or archive business records (see Disclaimers and your statutory rights).

Data protection

For personal data in Member accounts and other Organization content, the Organization is the controller and we are its processor. Our Data Processing Agreement applies and forms part of the agreement. For the data we need to run our own business, such as billing contacts and payment records, we act as a controller as described in our Privacy Policy.

Seats and pooled storage

The Business plan is priced per user (seat) for each Billing Period. Each seat adds 30 GB to a storage pool that the whole Organization shares, and the other limits in Plans, storage and limits apply per user. Seats you add are available immediately, and the amount due for the rest of the current Billing Period is shown before you confirm. Seats you remove stop being billed from the next Billing Period. If removing seats leaves the Organization above its pooled allowance, the over-quota rules apply until it is back under it.

Disputes about control

If there is a dispute about who controls an Organization, we may rely on proof of control of its verified domains and on who holds the billing relationship, and we may pause administrative changes until the dispute is resolved.

Partners

Agencies and resellers in our partner program may set up and manage Organizations for their clients. The arrangement between a partner and its client is a matter between them; these Terms still govern the use of the Service.

The Free plan is free of charge and has no time limit. Paid Plans add storage, larger transfers, more custom domains and other features. Current prices, which include applicable taxes, are on our pricing page, and the price you will pay is always shown before you confirm.

Plans at a glance

On the Free plan, your custom domain comes with your own mailbox on it. On Business, every user gets a mailbox on the Organization’s domains.

One allowance for mail and files

Your mail and your Exito Vault files share one Storage Allowance. Everything counts toward it: messages and attachments in every folder, including Trash and Spam until they are purged, Exito Vault files, including those in Trash, and transfers you keep until you delete them. Other Exito Transfer transfers have separate limits, described in Exito Transfer.

When you reach your allowance

• New incoming mail is refused. The sending server is told that the mailbox is full, so the sender usually receives a bounce message.
• You cannot upload or save new files to Exito Vault.
• Everything you already have stays. You can still sign in, read, search, download, move and delete as usual.

To get going again, delete what you no longer need (and empty Trash), or move to a larger plan.

Changing plans

• Upgrading. Your new limits apply immediately. The amount due for the current Billing Period is shown before you confirm.
• Downgrading. The change takes effect at the end of your current Billing Period. The same happens when a Paid Plan ends because you cancel it or a payment fails.
• Your data stays. We never delete your mail or files because of a downgrade. If you are above your new Storage Allowance, the rules above apply until you are back under it. The one exception is transfers you chose to keep until you delete them: if your new plan does not include that, they get an expiry date 30 days later and we email you first (see Exito Transfer).
• Features and limits. The features and limits of the new plan apply from the moment the change takes effect. Transfers you already sent keep working until they expire. If you have more custom domains or aliases than the new plan includes, the ones you have keep working, but you cannot add new ones until you are within the limit.

The Free plan

The Free plan is for real people. It has no charge and no time limit, and it is not funded by advertising or by selling data: we do neither. Its limits may change only as described in Availability, support and changes and Changes to these Terms.

Referral bonus

When someone creates an account through your referral link, you both get 1 GB of extra storage, up to 10 GB of referral storage per account. Bonus storage is a promotional benefit: it has no cash value, cannot be transferred, and counts only for genuine new users. We may withdraw bonus storage obtained through self-referrals, duplicate or fake accounts, or spam. If we do, nothing is deleted; the over-quota rules apply.

Partner program

Agencies and resellers can join our partner program, which offers a 30% wholesale discount on Business seats from 10 seats, under a separate partner agreement. Write to partners@exitomail.com to apply. Outside the partner program, you may not resell the Service.

Spam and malware filtering

Incoming mail is filtered automatically for spam and phishing on our own infrastructure, and messages and attachments may be scanned for malware. To do this, our systems check the sender’s authentication (SPF, DKIM and DMARC), analyze messages, and may query public DNS blocklists with the IP address or domain of the sending server. Depending on the result, a message is delivered to your inbox, moved to Spam, or rejected, and a message identified as carrying malware may be blocked. When you mark messages as spam or not spam, the filter may take that into account; this stays inside the filter and is used only to filter mail.

Filtering is automatic and can make mistakes in both directions, so check your Spam folder from time to time. Mail in Spam and Trash is purged automatically after 30 days.

Daily sending limits

Every Account has a daily limit on outgoing messages, shown in the table in Plans, storage and limits. The limits are maximums: new accounts start lower, and the limit grows with the age and good standing of the Account. New custom domains, and custom domains on the Free plan, also start with lower sending trust. On Business, the limit applies per user. If you have a legitimate need to send more, write to support@exitomail.com.

Bulk and marketing mail

The Service is built for personal and business correspondence, not for mass mailing. Do not use it to send bulk, marketing or unsolicited mail, mailing lists or newsletters, except to the limited extent the Acceptable Use Policy allows. For campaigns, use a dedicated email marketing service.

Protecting deliverability for everyone

One bad sender can get our servers blocklisted, which would hurt every customer. Our automated systems therefore watch signals such as bounces, spam complaints, blocklist listings and unusual volumes. When they point to abuse or a compromised Account, they may automatically limit or suspend outgoing mail from that Account. Receiving and reading mail is normally not affected. We tell you when this happens and why, and you can ask for a person to review it, as described in Acceptable use and content moderation.

Fair use of storage and transfers

Your Storage Allowance and Exito Transfer limits are for your own mail and files and for sharing with people you choose. Do not use the Service as a public file host or content delivery network, to distribute files to the public at large, or in automated ways that put an unreasonable load on our systems. If your use harms the Service or other users, we will contact you first to find a solution, except where we must act at once to protect the Service.

Exito Vault keeps your files next to your mail, inside the same Storage Allowance.

Share links

You can share a file or folder by creating a Share Link and, depending on your plan, protect it with a password or an expiry date. Anyone who has the link, and the password if you set one, can open and download what it points to, including people you did not send it to if the link is forwarded. You decide who gets your links. A link stops working when you turn it off, delete the file or folder, or the link expires, but nobody can take back copies that people have already downloaded.

What you share is your responsibility

You are responsible for the files you share and for having the right to share them. Shared files must comply with the Acceptable Use Policy, and anyone can report a shared file through Notice & Action. Where disabling a Share Link is enough to deal with a problem, we disable the link rather than delete your file.

Trash and deleted files

Files you delete go to Trash and are purged automatically after 30 days. After that, you cannot restore them. Our backups exist to recover the Service after an incident, not to restore individual files.

Keep your own copies

We take great care of your files (see Security), but no system is perfect. Keep your own copies of anything you cannot afford to lose.

Exito Transfer lets you send large files by link or by email. You need an account to send; Recipients do not need one to download.

You are responsible for what you send

• Send only files that you have the right to share, that are lawful and that comply with the Acceptable Use Policy.
• If your files contain other people’s personal data, make sure you are allowed to share it with your Recipients.
• Send transfers by email only to people who expect them or to whom you have a genuine reason to write. Transfer emails are not a marketing channel.
• Your name and email address are shown on download pages and in transfer emails, so Recipients know who sent the files.

Who can download

Anyone who has a Transfer Link, and its password if you set one, can download the files, whether you sent them the link or someone forwarded it. Sharing the link is your responsibility. For sensitive files, use a password (on plans that include it) and the shortest expiry that works. You can delete a transfer at any time, and its link then stops working.

Expiry and deletion

You choose how long a link stays live, up to your plan’s maximum. When a transfer expires or you delete it, its link stops working and its files are deleted from our storage, at the latest 24 hours later. Recipients of an email transfer who have not downloaded it yet may get a reminder the day before it expires. We keep a transfer’s metadata (recipients, file names and download receipts) for 30 days after it expires, then delete it.

Keeping a transfer until you delete it

On plans that include it (Plus, Pro, Max and Business), you can choose “Keep until I delete it” instead of an expiry date. A kept transfer stays live until you delete it, and its files count toward your Storage Allowance (together with your mail and Exito Vault files) for as long as you keep it; if there is not enough room, you can send it with an expiry date instead. If your plan stops including kept transfers, for example when a Paid Plan ends or you move to the Free plan, each kept transfer gets an expiry date 30 days later, and we email you that date straight away. From then on it no longer counts toward your Storage Allowance, and it expires and is deleted like any other transfer. If you move back to a plan that includes kept transfers before that date, they are kept again.

Malware scanning

We may scan uploaded files for malware, automatically and in the background, and block or quarantine files that are flagged. If we block a file, we may also block the whole transfer, and we let you know why. Automated scanning cannot detect every threat and may occasionally flag a harmless file; if you think we got it wrong, you can appeal as described in Acceptable use and content moderation. A file that has not been flagged is not guaranteed to be safe, so Recipients should open files only from people they trust.

Reports

Every download page lets Recipients report a transfer in one click. Anyone can also report through Notice & Action or by writing to abuse@exitomail.com. To limit harm while a report is assessed, a transfer is hidden automatically when it is reported as child sexual abuse material or malware, or when it receives several reports. Once the report has been assessed, we either restore the transfer or act as described in Acceptable use and content moderation.

File requests

On plans that include them (Plus, Pro, Max and Business), you can create a File Request: a link through which anyone can upload files to you, without an account. Files uploaded to you become transfers in your Account; they count toward your Exito Transfer volume and expire like other transfers. You are responsible for:

• who you share the request link with, and what you ask people to send;
• what you receive and what you do with it, including handling any personal data in it lawfully (for those files, you decide why and how the data is used);
• closing the request when you no longer need it.

People who upload through a File Request must have the right to share their files and must follow the Acceptable Use Policy. Their uploads may be scanned for malware like any other transfer.

Download receipts

On plans that include them (Plus, Pro, Max and Business), you can ask for a download receipt: an email that tells you when your transfer is first downloaded and, for transfers sent by email, which Recipient downloaded it. Use receipts only to know that your files arrived.

Branded download pages

On plans that include branding (Pro, Max and Business), you can show your logo and wallpaper on your download pages. You must have the rights to the logo you link to, and your branding must not impersonate anyone or mislead Recipients about who is sending the files. We may remove branding that breaks these rules.

If you receive a transfer

You do not need an account to download a transfer or to upload through a File Request. The sender, not us, is responsible for what a transfer contains. If something looks wrong, do not open it, and report it.

You can use your own domain for mail. The Free plan includes one custom domain, and Paid Plans include more.

You must own or control the domain

You may only connect a domain that you own, or that its owner has authorized you to use, including to change its DNS records. You remain responsible for the domain itself: its registration and renewal, your registrar and DNS provider, and their fees and terms. We do not register domains for you.

We verify ownership first

Before any mail flows for a domain, you prove that you control it by publishing a verification TXT record we give you. We may check again later. If the verification is removed, or we learn that someone else controls the domain, we may suspend mail for it, with notice where possible.

Connecting your domain

• Domain Connect. You approve the changes at your DNS provider, which applies a fixed set of records for us. We never see the password for your DNS provider.
• DNS provider API credentials. You give us an API key or token for your DNS provider, and we create the records for you.
• Manual setup. You add the records yourself, following our guide.

The records we need are MX, SPF, DKIM and DMARC records, the verification TXT record, and records for MTA-STS and for automatic configuration of mail apps.

How we use your DNS credentials

We use the DNS credentials you give us only to create, check and update the records listed above for the domains you connect, for example to publish new DKIM keys when we rotate them (every 90 days on domains we manage this way). We never use them to change other records or other domains, or for any other purpose. We keep them only on our own infrastructure, with access restricted to authorized staff, and delete them when you disconnect the domain or ask us to.

You can revoke the credentials at any time at your DNS provider. Where your provider supports it, create a token that can only edit DNS for that one domain. If you revoke the credentials, we can no longer update records automatically, and we will tell you which records to maintain yourself.

Changes made by others

We are not responsible for outages, misdirected mail or lost mail caused by DNS or registrar changes made by you, your registrar, your DNS provider or anyone else with access to them, or by your domain or DNS hosting expiring. If records we rely on are changed or removed, mail for your domain may stop working until they are restored.

When you remove a domain or leave

When you remove a domain, or your Account or Organization ends, we stop accepting mail for that domain and stop signing mail for it, so messages sent to it may bounce. To keep receiving mail, export your mail first, then point the domain’s MX records to your new provider and update its SPF, DKIM and DMARC records (see Suspension, termination and your data). If you lose control of a domain, for example because it expires, whoever controls it next can receive mail sent to it; we cannot prevent that.

You own your content

You, or the people who gave it to you, keep all rights in Your Content. We claim no ownership of it.

The permission you give us

You give us a worldwide, non-exclusive, royalty-free license to use Your Content only as needed to operate, secure and provide the Service to you and to the people you choose to share with, and to comply with the law. This covers:

• storing and hosting it, and keeping backups so we can recover from incidents;
• transmitting it, such as sending your mail, delivering your transfers and serving your Share Links;
• scanning it automatically for spam, malware and signs of abuse;
• indexing it so you can search it;
• displaying it to you and to the people you share it with, including previews, thumbnails and format conversions.

The license lasts as long as Your Content is stored in the Service, including in backups until they rotate out. Our subprocessors may handle Your Content only for these purposes (see Subprocessors).

When our staff can see content

Our staff do not routinely read your messages or files. As described in our Privacy Policy, authorized staff access content only when you ask us to (for example, to help with a support request), when it is necessary to investigate a security incident, a report or a suspected breach of these Terms, or when the law requires it. Administrative actions are recorded in an audit log.

Security and encryption

Your Content is encrypted in transit with TLS and, in object storage, encrypted at rest by our storage providers. Our security program is modelled on ISO/IEC 27001:2022 and ISO/IEC 27701; we are not certified under either standard (see Security). The Service is not end-to-end encrypted: our systems process Your Content in order to deliver, filter, index and search it.

Where your content is stored

Mail and Exito Vault files

Wasabi, region EU-Central-2 (Frankfurt, Germany)

Backups

Wasabi, region EU-Central-1 (Amsterdam, Netherlands)

Exito Transfer files

Cloudflare R2, in the EU jurisdiction

Application and mail servers

netcup GmbH, Nuremberg, Germany

The full list of providers and safeguards is on the Subprocessors page. We are a US company and may access data from the United States to run the Service; our Privacy Policy explains the safeguards.

Your responsibilities

• You have all the rights and permissions needed for Your Content and for what you do with it in the Service.
• Your Content and your use of it are lawful and comply with the Acceptable Use Policy.
• You keep your own copies of anything important.

The rules

You must follow the Acceptable Use Policy. Among other things, never use the Service to:

• send spam or other unsolicited bulk mail;
• phish, defraud or impersonate others;
• distribute malware, or attack, probe or overload any system, ours included (good-faith security research under our Security page is welcome);
• store or share illegal content, including child sexual abuse material, terrorist content and illegal hate speech;
• infringe intellectual property or privacy rights, or harass or threaten anyone;
• get around limits, suspensions or security measures, or create accounts in bulk.

How we moderate

We do not routinely review private messages or files. Most enforcement is done by an automated system that acts on signals and reports, with people reviewing appeals and complex cases. This section is the information about content moderation that Article 14 of the EU Digital Services Act asks us to give you.

What the automated system looks at

Spam and phishing filter results; spam complaints and bounces; listings of our servers or your domains on DNS blocklists; malware scan results for mail and transfers; sign-in and sending patterns that suggest an Account has been taken over; reports from users and other providers, including reports of child sexual abuse material; and sign-up signals.

What it can do automatically

Limit or suspend sending; suspend an Account; block a transfer or share link and quarantine its files; suspend a custom domain; and block IP addresses that attack the Service. These measures are designed to be temporary and reversible, and each one is the least restrictive measure that stops the harm.

When people decide

Complex or unclear cases are escalated to our staff. Every appeal is decided by a person. Cases involving child sexual abuse material are always handled by a person (see Acceptable Use Policy).

Your safeguards

A statement of reasons for each restriction, the right to give your point of view and to have a person review the decision, and the courts. Our Privacy Policy explains how this works under Article 22 GDPR.

We apply our rules diligently, objectively and proportionately, with due regard for the rights and legitimate interests of everyone involved, including freedom of expression and privacy.

Reporting content

Anyone can report illegal content through Notice & Action, report spam, phishing or other abuse by our users to abuse@exitomail.com, and send copyright notices under our Copyright Policy to dmca@exitomail.com. After a warning, we may stop processing notices from people who repeatedly send manifestly unfounded ones.

What we may do

Depending on how serious the problem is, whether it is repeated or intentional, and the harm it causes, we may warn you; remove or disable access to content or a link; restrict features, such as sending; suspend your Account; or terminate it. We terminate the accounts of repeat infringers as described in the Copyright Policy.

Telling you why

When we restrict your content or Account, we send a statement of reasons to the email address of the Account: what we did, its scope and duration, the facts we relied on, whether automated means were used, the legal or contractual ground, and how to appeal. The exceptions, for example where an authority requires confidentiality, are listed in Notice & Action.

Appeals (our internal complaint-handling rules)

1. Appeal free of charge within six months of the decision, at exitomail.com/appeal, by replying to our notice, or by writing to abuse@exitomail.com. Tell us why you think we got it wrong.
2. A person who can reverse the decision reviews your appeal, together with any information you give us.
3. We decide without undue delay and tell you the outcome and our reasons. If we got it wrong, we lift the restriction and restore what we can. A restriction may stay in place while we review it.

You can always go to court instead of, or after, appealing. The details, including out-of-court options, are in Notice & Action.

Legal obligations

• We inform the competent authorities when we become aware of information giving rise to a suspicion that a criminal offence involving a threat to the life or safety of people has taken place, is taking place or is likely to take place (Article 18 of the Digital Services Act).
• As a US provider, we report apparent child sexual abuse material to the National Center for Missing & Exploited Children (NCMEC), as 18 U.S.C. § 2258A requires.
• We remove terrorist content within one hour of receiving a removal order from a competent EU authority, as Regulation (EU) 2021/784 requires.
• We respond to valid legal orders as described in our Privacy Policy.

Who sells your plan, and who provides it

Paid Plans are sold through Link, a payment service of Stripe. Stripe’s affiliate Sold through Link, LLC (“Link”) is the merchant of record for your purchase: it sells the plan to you on our behalf, takes your payment in its own name, collects any tax due, and issues your receipts and invoices. That is why checkout shows “Sold through Link” and your card or bank statement shows the charge as LINK.COM* EXITOMAIL (or similar).

• Your purchase. The order and the payment are handled by Link under its Sold through Link Terms (s’ouvre dans un nouvel onglet), which apply when you complete checkout. They cover the checkout, the payment, your receipts, your Link account, and Link’s own support and refund process. Your payment to Link settles what you owe for the plan. We never see your full card number.
• The Service. Your Paid Plan itself is provided by us, EXITO Media LLC, under these Terms, which set out what it includes, its limits and your rights. We remain responsible to you for the Service, including your statutory rights as a Consumer, and we provide support for it. Link’s terms do not change these Terms or reduce your rights against us.

Prices, currency and taxes

Our prices are in US dollars and include applicable taxes: the price shown in our checkout step and on Link’s checkout page is the total you pay, and tax is never added on top. In the more than 80 countries where Link handles tax, including the European Union, the United Kingdom and the United States, Link works out the sales tax, VAT or GST that applies where you are, collects it as part of the price and pays it to the tax authorities. Your receipt or invoice shows the tax included. If you buy for a business, Link may ask for your tax ID.

Link may offer to charge you in your local currency. That is optional: you can always pay in US dollars instead. If you choose your local currency, Link converts the price at its exchange rate, which includes a conversion margin, and converts again on each renewal date, so the amount in your currency can change from one Billing Period to the next. Any fees your bank charges, for example for payments in a foreign currency, are between you and your bank.

Receipts and invoices

Link emails your receipts and invoices, with PDF copies, and any refund notices, from a link.com address. You can also find them in your Link account (s’ouvre dans un nouvel onglet), and your billing history is under Manage billing in Settings → Plan & billing. We also email you our own order confirmation with the details of your contract. We keep billing records for 7 years after the end of the tax year, as tax and accounting law requires.

Automatic renewal

Paid Plans are subscriptions billed in advance for a month or a year, and they renew automatically. Before you subscribe, our checkout step shows you the price, the Billing Period, the fact that the plan renews automatically until you cancel, and how to cancel, and you agree to these terms before you pay. Each renewal is for the same Billing Period, at the price that applies to your plan at that time (see Price changes below). Between 30 and 60 days before a yearly plan renews, we email you a reminder with the renewal date, the price and how to cancel. Link also sends its own renewal notices, for example ahead of your subscription’s 12-month anniversary.

Cancelling

You can cancel online at any time, without contacting anyone: in Settings → Plan & billing (“Cancel contract here” or Manage billing), or in your Link account (s’ouvre dans un nouvel onglet). Cancellation takes effect at the end of the current Billing Period: you keep your plan until then, and your Account then moves to the Free plan. Your data is kept; if it is above the Free allowance, the over-quota rules in Plans, storage and limits apply.

If you delete your Link account, or ask Link to delete the data it holds about your purchases, Link cancels your Paid Plan subscription. Your Account then moves to the Free plan when the subscription ends, and nothing in it is deleted.

If you are a Consumer and the law of the country where you live gives you a right to end an automatically renewed contract earlier (in Germany, for example, at any time with one month’s notice once the first term has ended), you can do so, and we refund the prepaid fees for the period after the contract ends.

Failed payments

If a payment fails, it is retried and we tell you by email. If it still fails at the end of the retry period, your Account moves to the Free plan, with the same effect as a cancellation. Nothing is deleted.

Refunds

Except where the law requires otherwise, including under the right of withdrawal, payments are not refundable and we do not refund partial Billing Periods. We may still grant a refund at our discretion, and we refund prepaid fees for the unused part of a Billing Period where these Terms say so, for example when we end a Paid Plan for a reason other than your breach.

You can also ask Link for a refund through Link support (s’ouvre dans un nouvel onglet). Under its refund policy (s’ouvre dans un nouvel onglet), Link may refund a purchase in certain cases if you ask within 60 days, for example if a payment was not authorized or was taken twice, or if you did not get what you paid for. Where Link’s refund policy is more generous to you than ours, it applies. Refunds go back to the payment method you used and include the tax you paid; if you paid in a local currency, the refund uses the same exchange rate as the payment.

Price changes

We may change the price of a Paid Plan. We tell you by email at least 30 days before a new price applies to you, and it applies only from your first Billing Period that starts after that notice period. If you do not want to pay the new price, cancel before it applies and you will not be charged it.

Questions and payment disputes

For anything about the Service, your plan or your Account, write to support@exitomail.com. For a question about a charge, a receipt, a refund or your payment method, you can also contact Link support (s’ouvre dans un nouvel onglet), which handles payment questions for purchases sold through Link and may ask us for details. Please contact us or Link before disputing a charge with your bank; we can usually resolve it faster. Link handles chargebacks for these purchases. While a chargeback is open, we may pause the features of your Paid Plan.

Where Paid Plans can be bought

Link cannot sell Paid Plans to customers in China, Cuba, Iran, North Korea, Russia, Syria, Kosovo, Ascension Island or Tristan da Cunha, so you cannot buy one there. The rules in Sanctions and export controls apply to the rest of the Service.

If the way we sell Paid Plans changes

We may stop selling through Link, and Link may transfer your subscription to us or to another Stripe company. If that happens, you are told in advance, and your plan, its price and your Billing Period carry over unchanged.

If you are a Consumer living in the European Union, the European Economic Area or the United Kingdom, you have the right to withdraw from a contract for a Paid Plan within 14 days, without giving any reason. Business Customers do not have this right. The Free plan costs nothing: you can stop using it and delete your Account at any time.

The withdrawal period

The withdrawal period ends 14 days after the day the contract is concluded, which is the day you complete checkout for the Paid Plan.

If your plan starts straight away

Paid Plans start as soon as you pay. In our checkout step, before you go to Link’s checkout page, you expressly request that the plan starts during the withdrawal period, and you confirm that you know you will lose the right of withdrawal once we have fully performed the contract. Checkout continues only once you have done both. We confirm the contract, your request and your acknowledgement by email (a durable medium). You keep your right to withdraw. If you do withdraw, you pay an amount in proportion to what we provided until you told us you were withdrawing, calculated on the price of the plan (for example, if you withdraw 3 days into a monthly plan, you pay for those 3 days), and we refund the rest. This follows Article 14(3) of Directive 2011/83/EU and, in the United Kingdom, regulation 36 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

When the right ends early

You lose the right of withdrawal once the service has been fully performed, if performance began with your prior express request and your acknowledgement that you would lose the right once we had fully performed the contract (Article 16(a) of Directive 2011/83/EU). Because Paid Plans run for a month or a year, this does not normally happen within the 14 days.

How to withdraw

Before the 14 days are over, tell us clearly that you are withdrawing, in any of these ways:

• Online. Use the withdrawal function in the billing section of your account settings, labelled “Withdraw from contract here”. It stays available throughout the withdrawal period. When you use it, we send you an acknowledgement by email, with its content and the date and time you sent it, without undue delay.
• By email. Write to support@exitomail.com, ideally from the address of your Account.
• By post. Write to EXITO Media LLC, 111 NE 1st St, 8th Floor, #88287, Miami, FL 33132, United States.
• Through Link. Link’s Sold through Link Terms (s’ouvre dans un nouvel onglet) also give consumers in the European Union and the United Kingdom a 14-day cooling-off right. You can use it by contacting Link support (s’ouvre dans un nouvel onglet) and giving “cooling off period” as the reason for your refund request. You do not need to withdraw with us as well.

You may use the model form below, but you do not have to. It is enough to send your message before the period ends. We confirm receipt by email without delay.

Your refund

We refund all payments made for the Paid Plan, less the proportionate amount described above, without undue delay and at the latest within 14 days of the day we receive your withdrawal. The refund is made through Link to the same payment method you used, unless you expressly agree otherwise, and you pay no fees for it. Link emails you a refund notice. If you withdrew through Link and Link refunded you less than this, write to support@exitomail.com and we refund the difference. Your Account then moves to the Free plan: it is not deleted, and the over-quota rules apply if you are above the Free allowance.

Please also include the email address of your Account, so that we can find it quickly.

You can leave at any time

You can stop using the Service and delete your Account at any time in your settings. If the Owner of an Organization deletes their Account, its Members’ mailboxes are not deleted with it; the Owner can delete them first, as described in Business organizations. Deleting an Account also cancels its Paid Plan; payments already made are refunded only as described in Paid plans, billing and taxes.

When we may suspend or terminate

We may suspend or terminate your Account, or the part of the Service concerned, if:

• you seriously or repeatedly breach these Terms or the Acceptable Use Policy;
• the law, or an order of a competent authority or court, requires us to;
• your Account puts the security, integrity or availability of the Service, or other people, at risk, for example because it has been compromised;
• the Account was created with false information, or to get around limits or an earlier suspension; or
• we discontinue the Service, as described in Availability, support and changes.

Non-payment does not close your Account: your Paid Plan ends and the Account moves to the Free plan.

Notice and proportionality

Where reasonably possible, we warn you first and give you a chance to fix the problem. We act without prior notice where that is necessary to stop abuse, protect the Service or other people, or comply with the law, and then tell you afterwards, with our reasons, unless the law prohibits it. We choose the least restrictive measure that solves the problem, for example pausing sending rather than closing an Account. Suspensions applied automatically are temporary until reviewed, and a person decides any appeal. We terminate an Account only after a person has confirmed the decision. If we end a Paid Plan for a reason other than your breach, we refund the prepaid fees for the unused part of the Billing Period.

Exporting your data

You can export Your Content at any time, free of charge, in standard formats:

• Mail. Through IMAP, with any standard mail app, as standard email messages.
• Exito Vault. Download your files in their original format.
• Exito Transfer. Transfers are copies, so keep the originals on your own devices. Files received through File Requests can be downloaded until they expire.
• Organizations. Each Member can export their own mail and files in the same ways, and we help an Organization export its data on request.

We do not charge for exporting your data or for moving to another provider.

What happens when you delete your account

• Your Account is deleted, together with Your Content, 30 days after you ask. Write to support@exitomail.com within that time if you change your mind or need help retrieving your data.
• Your @exitomail.com address stops receiving mail, and mail for your custom domains is no longer accepted.
• Your Transfer Links and Share Links stop working, and transfer files are deleted.
• Deleted data remains in our database backups until they rotate out, after 30 days.
• We keep billing records for 7 years after the end of the tax year, and records we need for abuse cases, legal holds or legal claims for as long as necessary, as described in our Privacy Policy.

If we end your account

If we terminate your Account for a reason other than serious abuse or a legal requirement, we give you at least 30 days to export Your Content before we delete it. If we terminate an Account because of illegal content or serious abuse, or the law requires us to preserve or withhold data, we may restrict or refuse the export of the affected content, as far as the law requires or permits.

What survives

Provisions that by their nature should continue after the agreement ends remain in force, including those on fees owed, Your Content during the deletion period, liability, indemnity, and governing law and disputes.

Your right to use the Service

The Service, including its software, design, text and graphics, belongs to us or our licensors. Subject to these Terms, we give you a personal, non-exclusive, non-transferable right to use the Service while this agreement lasts. For an Organization, that right extends to its Owner and Members.

What you may not do

• Copy, modify, sell, resell, rent or sublicense the Service, except through our partner program.
• Reverse engineer or decompile it, except where the law allows this despite a contractual prohibition.
• Access it by automated means other than the standard protocols (IMAP, SMTP and JMAP) and the interfaces we document, or exceed their rate limits.
• Remove or obscure notices of ownership, or get around technical limits or security measures.

Our brand

ExitoMail, Exito Vault, Exito Transfer and our logos are our names and brand features. You may refer to them to describe the Service accurately, but you may not use them in a way that suggests we endorse you or that causes confusion, or as part of your own product names, domains or addresses, without our written permission.

Open-source software

The Service is built on open-source software. Open-source components are licensed under their own licenses, and where a license requires us to make source code available, we do so as that license requires. Nothing in these Terms limits the rights those licenses give you.

We welcome ideas and suggestions. If you send us feedback, you allow us to use it to improve the Service, without restriction and without any obligation to you. Giving feedback does not give us any rights in Your Content, and you never have to give it.

The Service works with products and services that other companies run and that we do not control, including:

• Link and Stripe: Link’s checkout, receipts, Link account and support, and Stripe’s customer portal, used to buy and manage Paid Plans;
• your domain registrar and DNS provider, including their Domain Connect and API services;
• the mail apps and devices you connect over IMAP, SMTP or JMAP;
• Recipients’ mail servers and spam filters, and the operators of public blocklists;
• websites and files that people link to in messages, transfers or Share Links.

Their own terms and privacy policies apply, and we are not responsible for their availability, security or actions. This is different from our subprocessors, who process data on our behalf: we choose them carefully and remain responsible for them as described in our Privacy Policy, the Data Processing Agreement and the Subprocessors list.

Availability

We work hard to keep the Service available and to fix problems quickly, but we cannot promise that it will be uninterrupted or free of errors. The Free plan has no service level agreement, and no plan has one unless we have agreed it with you in writing. You can follow the current state of the Service on our status page.

Maintenance

We announce planned maintenance that may affect you in advance on the status page, and schedule it for quieter hours where we can. Urgent work, such as applying security fixes, may happen without notice.

Email delivery

We send your mail following current standards (SPF, DKIM, DMARC, MTA-STS and TLS reporting) to give it the best chance of arriving. Whether a recipient’s server accepts a message, and whether it lands in the inbox or in spam, depends on that server and its operator, so we cannot guarantee delivery or inbox placement. Likewise, we cannot control whether and how others send mail to you.

Support

Support is available by email at support@exitomail.com. Plans that include priority support are answered first. We do not guarantee response times unless we have agreed them with you in writing.

Changes to the Service

We keep improving the Service and may add, change or remove features. If a change materially reduces a feature of your Paid Plan, we tell you at least 30 days in advance, and you may cancel before it takes effect and receive a refund of prepaid fees for the unused part of the Billing Period. Changes needed for security, to comply with the law or to prevent abuse may take effect sooner. If you are a Consumer, changes are also subject to your statutory rights, including your right to end the contract if a change negatively affects your access to or use of the Service more than in a minor way.

Features still being rolled out

ExitoMail is new, and some parts of the Service described in these Terms and our policies are still being rolled out, including Business organizations and parts of Exito Vault. Until a feature is available to you, the parts of these documents that describe it do not apply to you, and nothing in them promises a date.

Beta features

We may offer features marked as beta, preview or early access. They may be incomplete and may change or end at any time, and, as far as the law allows, they come without any commitment. Do not rely on them for critical data.

If we discontinue the Service

If we ever discontinue the Service or one of its products, we give you at least 30 days’ notice, unless circumstances beyond our control make that impossible, together with time to export Your Content and a refund of prepaid fees for any unused part of a Billing Period.

Your statutory rights as a Consumer

If you are a Consumer, you keep all the rights that mandatory law gives you. In the European Union, this includes the legal guarantee of conformity for digital services under Directive (EU) 2019/770, as implemented in your country, where it applies: for as long as we supply the Service under the contract, it must conform to these Terms, and if it does not, you can ask us to bring it into conformity and, where we cannot or do not, claim a price reduction or end the contract. In the United Kingdom, the Consumer Rights Act 2015 applies, including the requirement that services are provided with reasonable care and skill. Nothing in this section limits those rights.

Everything else

To the extent the law allows, and except as these Terms expressly state, the Service is provided “as is” and “as available”, and we give no other warranties or representations, express or implied, including of merchantability, fitness for a particular purpose or non-infringement. In particular, we do not promise that:

• the Service will be uninterrupted, timely or free of errors;
• spam and malware filters will catch every unwanted message or harmful file, or never flag a legitimate one;
• every message will be delivered, or delivered to the inbox;
• data can never be lost, which is why you should keep copies of anything important.

Record-keeping obligations

The Service is not an archiving system for legal purposes. If you must retain business records for tax, commercial or regulatory reasons, you are responsible for meeting that obligation, for example by exporting and archiving the records yourself.

Liability we never limit

Nothing in these Terms limits or excludes liability for intent or gross negligence, for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, under mandatory product liability law, or any other liability that cannot be limited or excluded by law.

If you are a Consumer

We are responsible for loss or damage you suffer that is a foreseeable result of our breaching these Terms or failing to use reasonable care and skill. We are not responsible for loss or damage that is not foreseeable. Loss or damage is foreseeable if it is obvious that it will happen, or if both of us knew it might happen when the contract was made. Where the law of your country has rules on liability that cannot be changed by contract, those rules apply.

If you are a Business Customer

Subject to “Liability we never limit” above:

1. we are not liable for indirect or consequential loss, or for loss of profit, revenue, business, goodwill or anticipated savings, however caused; and
2. our total liability arising out of or in connection with this agreement, whether in contract, tort (including negligence) or otherwise, is limited to the greater of (i) the fees you paid us for the Service in the 12 months before the event giving rise to the claim and (ii) USD 100.

These limits do not reduce your obligation to pay fees or your obligations under “Indemnity” below.

Indemnity

If you are a Business Customer, you will defend and indemnify us, our affiliates and our staff against third-party claims, and the resulting damages, fines and reasonable costs (including reasonable legal fees), arising from Your Content; from use of the Service by you or your Members in breach of these Terms, the Acceptable Use Policy or the law; or from your domains and DNS records. We will tell you promptly about any such claim, let you control its defense and cooperate reasonably, and you will not settle it in a way that imposes obligations on us without our consent.

If you are a Consumer, this indemnity applies only to the extent the law of your country allows, and only where you are at fault.

We may update these Terms, for example to reflect changes in the law, in the Service or in how we run it, or to make them clearer. The version and dates at the top of this page show when they last changed.

Notice

• Material changes. We tell you at least 30 days before they take effect, by email to your Account address (for Organizations, to the owner) and in the app.
• Other changes. Changes that do not reduce your rights, such as corrections, clarifications or terms for new features, may take effect when we publish them.
• Changes required by law. Changes we must make to comply with the law or with an order of a competent authority may take effect sooner. We tell you as early as we can.

Your choice

If you do not agree with a change, you can stop using the Service and delete your Account, or cancel your Paid Plan, before the change takes effect. If you end a Paid Plan for this reason, we refund the prepaid fees for the unused part of the Billing Period. If you keep using the Service after the change takes effect, the updated Terms apply to you, to the extent the law allows. Previous versions are available on request from legal@exitomail.com.

Entire agreement

These Terms, together with the documents listed in Who we are and how this agreement works, are the entire agreement between you and us about the Service and replace any earlier agreements on the same subject. For Business Customers, terms printed on purchase orders or similar documents do not apply.

Assignment

We may transfer this agreement to an affiliate, or to a successor in a merger, acquisition or sale of our business, provided your rights under it are not reduced. We will tell you, and you may end the agreement if you object. You may not transfer this agreement without our written consent.

Force majeure

Neither of us is responsible for failing to perform an obligation (other than paying fees) because of events beyond reasonable control, such as natural disasters, war, terrorism, civil unrest, government action, large-scale failures of the internet or power grids, or attacks that could not reasonably have been prevented. The affected party will take reasonable steps to limit the effects and to resume performance.

Severability

If any provision of these Terms is found to be invalid or unenforceable, the rest remains in force. Between us and Business Customers, the provision is replaced by a valid one that comes as close as the law allows to what was intended.

No waiver

If we do not enforce a provision right away, we have not waived our right to enforce it later.

Language

These Terms are written in English. Any translation we provide is for convenience only, and the English version prevails unless mandatory law where you live requires otherwise.

How we communicate

We send notices to the email address of your Account and, if you added one, to your recovery address, and may also show them in the app. For Organizations, we send them to the owner. You can send legal notices to us at legal@exitomail.com or by post to our business address, 111 NE 1st St, 8th Floor, #88287, Miami, FL 33132, United States.

Our relationship

You and we are independent parties. These Terms do not create a partnership, employment or agency relationship, and nobody other than you and us has rights under them, except where they expressly say so.

Talk to us first

If something goes wrong, please contact support@exitomail.com or legal@exitomail.com first. Most problems can be solved quickly that way. This does not affect your right to go to court.

Governing law

These Terms, and any non-contractual obligations arising out of or in connection with them, are governed by the laws of the State of Florida, United States, without regard to its conflict-of-law rules, and excluding the United Nations Convention on Contracts for the International Sale of Goods.

Courts

Subject to the consumer rules below, any dispute arising out of or in connection with these Terms is subject to the exclusive jurisdiction of the state and federal courts located in Miami-Dade County, Florida. We may also seek urgent relief in any competent court, for example to stop abuse of the Service or the infringement of our rights.

If you are a Consumer in the EU, the EEA or the UK

The choice of Florida law does not deprive you of the protection of the mandatory provisions of the law of the country where you habitually reside, including its consumer protection law. You can bring proceedings in the courts of that country, or in the state and federal courts located in Miami-Dade County, Florida, and we can bring proceedings against you only in the courts of the country where you live.

If you are a Consumer elsewhere

Nothing in this section limits any right you have under the consumer protection laws of the place where you live that cannot be changed by contract, including any right to bring proceedings in your local courts.

No arbitration, no class-action waiver

These Terms do not require arbitration, and they do not waive your right to bring or join a class or representative action where the law allows one.

Consumer dispute resolution

We do not take part in dispute resolution proceedings before a consumer arbitration board or other alternative dispute resolution body. Please contact us first: most problems can be solved directly. This does not affect your right to go to court.

For decisions about content or accounts, the complaint and out-of-court options under the EU Digital Services Act are described in Notice & Action.

The Service is provided by:

Provider

EXITO Media LLC

Legal form

Limited liability company (LLC), organized in Wyoming, United States

Registration

Wyoming Secretary of State, filing ID 2022-001141268

Business address

111 NE 1st St, 8th Floor, #88287, Miami, FL 33132, United States

Customer support

support@exitomail.com

Legal notices and these Terms

legal@exitomail.com

Abuse reports

abuse@exitomail.com

Privacy and data protection

privacy@exitomail.com

Security vulnerabilities

security@exitomail.com

Copyright notices

dmca@exitomail.com

You can also reach us through our contact page. More company information, including our representatives in Europe, is in our Imprint.