Terms of Service

Last updated: 6 June 2026Effective: 6 June 2026

Plain-English summary (not a substitute for the full Terms). Xmail is an AI-powered email platform, currently in beta and provided "as-is". We use automated systems and AI (including third-party providers such as Anthropic and OpenAI) to read and process your email so we can classify, summarize, research, build a "Portrait", and filter spam — but we do not use your email to train our own foundation models, and AI output can be wrong, so don't rely on it. Some AI processing is essential to run and secure the Service (such as spam, phishing, and abuse filtering) and cannot be switched off; optional AI Features (such as Portrait, research, and the assistant) can be turned off in settings where available. Email delivery is not guaranteed; don't use Xmail for critical or time-sensitive messages, and we'll also make legally important notices available inside the product, not just by email. Points are prepaid credits worth US$0.01 each — they are not money, and they are non-refundable except where these Terms or mandatory law require a refund (for example, we refund or credit unused purchased Points if we close your account without your fault, or when you close it yourself). Points can expire after a period of inactivity. We are licensed by the Sharjah Media City Free Zone (SHAMS), Sharjah, UAE, under commercial licence No. 6312.01, and these Terms are governed by the federal laws of the United Arab Emirates. If you are a consumer, disputes go to the competent UAE courts by default (and your non-waivable home-country rights are preserved); binding arbitration (DIAC) applies to business users, and to consumers only if they later validly agree. Our liability is capped. Please read the full Terms below.

Introduction; Acceptance; Agreement to Terms
Definitions
Eligibility and Age
Accounts and Security
The Service
The Email Service
AI Features
User Content and Licence
Acceptable Use
Points and Prepaid Credits
Billing, Taxes and Payment Processors
Plans, Subscriptions and Auto-Renewal
Free, Beta and Promotional Offers
Third-Party Services and Links
Intellectual Property
Copyright and IP Infringement; Notice and Takedown
Privacy and Data Protection
Communications and Notices
Export Controls and Sanctions
Modifications to the Service and to These Terms
Term, Suspension and Termination
Disclaimers; "As-Is" and Beta Service
Limitation of Liability
Indemnification
Governing Law
Dispute Resolution; Consumer Courts and Business Arbitration
Class Action Waiver; No Collective Proceedings
Force Majeure
General
Contact

1. Introduction; Acceptance; Agreement to Terms

1.1 Who we are.Xmail is an AI-powered email platform ("Xmail", "we", "us", or "our"). "Xmail" is the brand and trading name under which the Service is provided. The operator's full legal entity name and registered office are set out in our Legal Notice (Imprint) at /legal-notice, which is incorporated into these Terms for the purpose of identifying the operator. Xmail is licensed by the Sharjah Media City Free Zone (SHAMS), Sharjah, United Arab Emirates, under commercial licence No. 6312.01. The Service is made available primarily through the domain xmail.com and certain secondary and vanity domains operated by us.

1.2 Binding agreement. These Terms of Service (these "Terms") form a legally binding agreement between you and Xmail and govern your access to and use of the Service. They include important provisions that limit our liability (Section 23) and that govern how disputes are resolved, including a court-default for consumers and binding arbitration for business users (Sections 26 and 27). By clicking "Create account" (or any equivalent button or checkbox indicating acceptance), by registering for an Account, or by accessing or using any part of the Service, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not create an Account or use the Service.

1.3 Click-to-accept. Acceptance occurs at the moment you complete the account-creation flow and click "Create account". We may record the date, time, and version of the Terms you accepted. Your continued use of the Service after any updated Terms take effect constitutes acceptance of those updated Terms, as further described in Section 20.

1.4 Documents incorporated by reference. The following documents are incorporated into and form part of these Terms, and you agree to them when you accept these Terms:

(a) the Xmail Privacy Policy, available at /privacy; and

(b) the Xmail Acceptable Use Policy ("AUP"), available at /acceptable-use.

If there is a conflict between these Terms and an incorporated document, these Terms govern unless the incorporated document expressly states otherwise.

1.5 Acting for an organisation. If you accept these Terms or use the Service on behalf of a company, organisation, or other legal entity, you represent and warrant that you are authorised to bind that entity, and "you" refers to both you and that entity. Where you connect or use an organisation or custom domain, additional terms apply to the controller/processor relationship (see Sections 8 and 17).

2. Definitions

In these Terms, capitalised terms have the meanings set out below. Other capitalised terms are defined where they first appear.

2.1 "Account" means the unique account you register to access and use the Service.

2.2 "AI Features" means any features of the Service that use automated systems, machine-learning models, or large language models to process Content, including classification, summarisation, the "Portrait" feature, research, spam and abuse detection, and assistant functionality, as further described in Section 7. AI Features are divided into Essential AI Processing and Optional AI Features as set out in Section 7.5.

2.3 "AUP" means the Acceptable Use Policy referenced in Section 1.4(b).

2.4 "Consumer" means an individual who uses the Service primarily for personal, family, or household purposes and not for the purposes of a trade, business, craft, or profession.

2.5 "Content" means all data, text, email messages (including subject lines, bodies, headers, metadata, and attachments), files, contacts, configurations, and other materials that you send, receive, store, generate, or otherwise process through the Service.

2.6 "Mailbox" means an email mailbox provisioned to you under an Xmail domain, a secondary or vanity domain, or a custom domain you connect to the Service.

2.7 "Output" means any result generated by an AI Feature, including classifications, summaries, portraits, research outputs, suggestions, and labels.

2.8 "Payment Processor" means a third-party payment service provider (for example, Stripe) through which top-ups and other payments may be processed, as described in Section 11.

2.9 "Points" means the prepaid stored-value credits described in Section 10, where one (1) Point equals US$0.01. Points are not money, are not electronic money, and have no cash value. They are non-refundable except where these Terms or applicable mandatory law require a refund or credit (see Sections 10.7 and 10.8), and they may expire after a period of inactivity.

2.10 "Privacy Policy" means the Xmail Privacy Policy referenced in Section 1.4(a).

2.11 "Service" means the Xmail email platform and all related websites, web applications, webmail interfaces, IMAP/SMTP access, AI Features, APIs, software, and other products and services we make available, in each case as they exist from time to time.

2.12 "Subprocessor" means a third party engaged by Xmail to process Content on our behalf in order to provide the Service, including third-party AI providers and Payment Processors, as further described in the Privacy Policy.

2.13 "User", "you", or "your" means the individual or entity that registers for or uses the Service.

2.14 "Xmail", "we", "us", or "our" has the meaning given in Section 1.1.

3. Eligibility and Age

3.1 Capacity. To use the Service, you must be capable of forming a legally binding contract under applicable law. By accepting these Terms, you represent and warrant that you have the legal capacity to do so.

3.2 Minimum age. The Service is not directed to children. You must be at least eighteen (18) years old to create an Account and use the Service. Where local law sets the applicable digital-consent age at sixteen (16) years, we may at our discretion permit use by a person who has reached that age; however, our standard minimum age is eighteen (18). This minimum age is stated identically in the Privacy Policy and the AUP. We do not knowingly collect personal data from, or provide the Service to, any person under the applicable minimum age. If we learn that we have done so, we will take steps to delete the relevant Account and data. See the Privacy Policy and Section 17 for further detail on children's data.

3.3 Compliance and sanctions. You represent and warrant that you are not located in, ordinarily resident in, or otherwise subject to, any jurisdiction or designation that would make your use of the Service unlawful, including as described in Section 19.

4. Accounts and Security

4.1 Registration accuracy. When you register for an Account, you must provide accurate, current, and complete information, and you must keep that information up to date. You must not impersonate any person or entity or misrepresent your identity or affiliation.

4.2 Credentials. You are responsible for choosing strong credentials, safeguarding your password and any authentication factors, and for all activity that occurs under your Account, whether or not authorised by you. We strongly recommend that you enable any available multi-factor authentication.

4.3 One person, one Account; no sharing. Unless we expressly agree otherwise in writing, each Account is for use by a single individual. You must not share your Account, credentials, or Mailbox access with any other person, and you must not allow others to use your Account. You may not transfer or assign your Account to any other person except as permitted in Section 29.4.

4.4 Responsibility. You are solely responsible for your Account and for compliance by anyone you permit (whether or not authorised) to access it. We are not liable for any loss or damage arising from your failure to comply with this Section 4, except to the extent caused by our own failure or to the extent liability cannot be limited under applicable mandatory law (see Section 23.3).

4.5 Notify us of compromise. You must notify us promptly at [email protected] if you become aware of any unauthorised access to or use of your Account or any other breach of security affecting your Account or Content.

4.6 Suspension and termination. We may suspend, restrict, or terminate your Account or access to the Service in accordance with Section 21, including where we reasonably believe there has been a breach of these Terms, the AUP, or applicable law, or where necessary to protect the Service, other users, or third parties.

5. The Service

5.1 What the Service provides. Subject to these Terms and your plan, the Service may include one or more Mailboxes; webmail access; IMAP and SMTP access for compatible email clients; the ability to use Xmail-operated domains and to register secondary or vanity domains; the ability to connect and use custom domains; and AI Features, in each case as and where such functionality is made available.

5.2 Beta; "as-is" / "as-available". The Service is currently in BETA and is provided on an "as-is" and "as-available" basis. The Service, and AI Features in particular, are being rolled out gradually and are expected to continue developing through the end of 2026 and beyond. Features may not be available now, may change, may be added or withdrawn, and may break or be discontinued at any time, with or without notice. We do not warrant that any particular feature will be available, complete, uninterrupted, or error-free. Beta-specific terms are set out in Section 13, and the disclaimers in Section 22 and limitations in Section 23 apply in full.

5.3 Licence to you. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Service for your own personal or internal business purposes during the term of these Terms.

5.4 Fair use and service integrity. You must not use the Service in a manner that imposes an unreasonable or disproportionate load on our infrastructure, that circumvents quotas, rate limits, or filtering, or that otherwise threatens the integrity, security, or availability of the Service. Such use is addressed further in Section 9 and the AUP.

6. The Email Service

6.1 Mailboxes and access. The email functionality of the Service may include one or more Mailboxes, webmail access, and IMAP/SMTP access for compatible clients, together with the use of Xmail-operated, secondary, vanity, and custom domains, in each case as and where made available.

6.2 No delivery guarantee.Email delivery is not guaranteed. Email is an inherently unreliable, store-and-forward, best-effort technology that depends on systems, networks, recipient servers, DNS, reputation systems, and anti-abuse infrastructure that we do not control. Messages sent or received through the Service may be filtered, delayed, throttled, quarantined, rejected, mis-delivered, lost, or silently dropped, including by our own systems. We make no representation that any message will be delivered, delivered intact, delivered on time, or delivered to the recipient's inbox rather than a spam or junk folder. You must not rely on the Service for the transmission or receipt of any message where delay, loss, or non-delivery could result in harm, loss, or liability, or for any critical, urgent, life-safety, financial, legal-deadline, or otherwise time-sensitive purpose. You are responsible for independently confirming the delivery and receipt of important communications, maintaining independent and redundant means of communication, and maintaining your own backups of important Content. Because email delivery is not guaranteed, legally significant notices that we send you will also be made available through an in-product or other secondary channel, as described in Section 18.3.

6.3 Anti-spam and anti-abuse filtering. To protect the Service and its users, we operate automated anti-spam and anti-abuse systems (including Rspamd-class filtering). Inbound and outbound messages may be analysed, scored, tagged, rate-limited, quarantined, delayed, rejected, or blocked, and legitimate messages may sometimes be affected. We do not guarantee that any message will pass, or be caught by, these systems, and we are not liable for any consequence of such filtering. This filtering is Essential AI Processing and cannot be disabled (see Section 7.5).

6.4 Storage quotas and limits. Mailboxes and Accounts are subject to storage quotas, message-size limits, sending and receiving rate limits, recipient limits, and other technical limits that we may set and adjust from time to time. We may enforce these limits by, among other things, refusing or delaying messages, throttling activity, or restricting access. Exceeding limits may result in loss of, or inability to receive, messages.

6.5 Custom and vanity domains. If you register a vanity or secondary domain or connect a custom domain, you are responsible for your rights to use that domain, for any required DNS configuration on your side, and for compliance with the policies of any registrar or DNS provider. We do not control, and are not responsible for, third-party domain registration, renewal, or DNS services, or for any interruption caused by misconfiguration or expiry of a domain you control. Availability of any particular domain or name is not guaranteed. Where a custom or organisation domain is used, the controller/processor allocation in Section 17.4 applies.

7. AI Features

7.1 What AI Features do. The Service uses automated systems, machine-learning models, and large language models to provide intelligence on top of your email. To do so, Xmail processes the content of your email — including subject lines, message bodies, headers, metadata, and attachments — using automated systems and AI models. AI Features may, among other things: classify and label messages; generate summaries; build and maintain a "Portrait" (a structured profile derived from your email to help organise and surface relevant information); perform research; detect spam, phishing, and abuse; and power assistant and other productivity features.

7.2 Use of Subprocessors. Some AI processing is carried out using third-party AI Subprocessors (for example, Anthropic and OpenAI) under data-processing terms. Where an AI Feature requires it, relevant Content may be transmitted to such Subprocessors solely to provide that feature to you. The Subprocessors we use, and the safeguards that apply, are described in the Privacy Policy.

7.3 No training of our foundation models on your Content. We do not use the content of your email to train Xmail's own foundation models. We have contractual arrangements with our AI Subprocessors intended to ensure that your Content is used only to provide the relevant feature and is not used by those Subprocessors to train their foundation models, in accordance with the applicable data-processing terms described in the Privacy Policy.

7.4 AI Output is imperfect — no reliance. AI Features are probabilistic and may produce Output that is inaccurate, incomplete, outdated, misleading, biased, or entirely wrong ("hallucinated"), including by misclassifying messages, omitting or inventing details, or mischaracterising or misattributing information about you, your correspondents, or third parties. Output is provided for convenience and informational purposes only and does not constitute advice of any kind (legal, financial, medical, or otherwise). You must not rely on Output as the sole basis for any decision that has legal, financial, medical, safety, or other significant consequences, and you remain solely responsible for reviewing and verifying any Output before relying on or acting upon it. Output relating to spam, phishing, or security is a risk signal only and is not a guarantee of safety; you should continue to exercise your own judgement.

7.5 Essential vs Optional AI; control over AI Features. AI Features fall into two categories:

(a) Essential AI Processing. Automated processing that is strictly necessary to provide and secure the Service — in particular automated spam, phishing, and abuse classification, message routing, and the safety and integrity functions described in Section 6.3 — is applied to all messages, is integral to the Service, and cannot be disabled while you use the Service.

(b) Optional AI Features. Features such as the Portrait, research, and the assistant and summarisation tools are optional. Where technically feasible, you may turn these Optional AI Features off (and, where applicable, request deletion of the data they derive) through your Account settings. The availability of such controls may vary by feature and may change as the Service develops; where a control is not yet available in settings, you may contact us to exercise it. Turning off an Optional AI Feature may reduce or remove related functionality.

The lawful bases for Essential and Optional AI processing, and the rights that apply to each, are described in the Privacy Policy.

7.6 Your responsibility for inputs. You are responsible for the Content you submit to, or process through, AI Features and for ensuring you have the necessary rights to do so. You must not use AI Features in violation of the AUP, applicable law, or the usage policies of any underlying AI Subprocessor.

7.7 No warranty. AI Features are provided on the same "as-is" and "as-available" basis as the rest of the Service, and the disclaimers in Section 22 and limitations in Section 23 apply fully to them.

8. User Content and Licence

8.1 You own your Content. As between you and Xmail, you retain all right, title, and interest in and to your Content. We do not claim ownership of your Content.

8.2 Licence to operate the Service. You grant Xmail a worldwide, non-exclusive, royalty-free licence to host, store, copy, transmit, display, scan, index, analyse, process, and create derived data from your Content, solely to the extent reasonably necessary to: (a) provide, maintain, secure, and improve the Service; (b) deliver, send, receive, and route your email; (c) provide AI Features and generate Output for you, including through Subprocessors; (d) detect and prevent spam, fraud, abuse, and security threats; and (e) comply with applicable law and lawful requests. This licence is limited to these purposes and continues only for as long as reasonably necessary to provide the Service and meet our legal obligations; it ends when your Content is deleted in the ordinary course, subject to the retention provisions of the Privacy Policy. Where you can turn off an Optional AI Feature under Section 7.5(b), this licence does not authorise the corresponding optional processing after you do so, except to the extent needed to give effect to your choice or to comply with law.

8.3 Organisation and custom domains. Where the Service is used on a custom or organisation domain, the organisation is the data controller for the Content processed in that context and Xmail acts as a processor on the organisation's behalf, as set out in Section 17.4. In that scenario, the licence in Section 8.2 operates only as necessary to provide the Service to the organisation and its users and does not grant Xmail rights inconsistent with its role as processor or with the applicable Data Processing Addendum; the organisation's instructions and that addendum govern to the extent of any conflict.

8.4 No proprietary or ownership claim. Nothing in these Terms transfers ownership of your Content to Xmail. We do not sell your Content, and we do not use the content of your email to build advertising profiles for third parties.

8.5 Your responsibilities. You represent and warrant that you have all rights necessary to submit your Content and to grant the licence in Section 8.2, and that your Content and its processing through the Service do not infringe the rights of any third party or violate any applicable law, these Terms, or the AUP.

8.6 Derived and aggregated data. We may generate and retain configuration data, logs, security and abuse signals, and aggregated or de-identified statistical data derived from use of the Service, and may use such data to operate, secure, and improve the Service, provided that such data does not identify you or any individual and is handled in accordance with the Privacy Policy.

8.7 Feedback. If you provide us with suggestions, ideas, bug reports, or other feedback about the Service ("Feedback"), Feedback is voluntary, and you grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable, and sublicensable licence to use, reproduce, modify, adapt, publish, and exploit the Feedback for any purpose — including to develop, improve, and commercialise the Service — without any obligation, attribution, compensation, or confidentiality to you. You represent that you have the right to provide the Feedback on these terms and that it does not contain confidential information of any third party.

9. Acceptable Use

9.1 AUP applies. Your use of the Service is subject to the AUP, which is incorporated into these Terms by reference. The AUP sets out the full and binding rules; this Section 9 is a non-exhaustive summary and does not limit the AUP.

9.2 Prohibited conduct (summary). You must not, and must not permit or enable any third party to:

(a) send spam, bulk unsolicited messages, or phishing, or otherwise engage in deceptive, fraudulent, or misleading messaging;

(b) use the Service for any unlawful purpose or in violation of any applicable law, regulation, or third-party right;

(c) transmit, store, or distribute malware, viruses, or other harmful code, or content that is unlawful, infringing, harassing, abusive, or otherwise prohibited by the AUP;

(d) infringe or misappropriate the intellectual property, privacy, or other rights of any person;

(e) reverse engineer, decompile, or disassemble any part of the Service, except to the extent such restriction is prohibited by applicable law;

(f) scrape, crawl, harvest, or bulk-extract data from the Service except through interfaces we expressly provide for that purpose;

(g) evade, disable, or interfere with rate limits, quotas, filtering, security features, or other technical restrictions of the Service; or

(h) probe, scan, penetration-test, or otherwise test the vulnerability of the Service, or attempt to gain unauthorised access to any system, account, or data, except under a security-testing programme we have authorised in writing.

9.3 Lawful crypto use permitted. For the avoidance of doubt, lawful activity relating to cryptocurrency, digital assets, blockchain, stablecoins, or Web3 is not prohibited by these Terms or the AUP solely because it is crypto-related, and being engaged in a lawful crypto-related business is not, by itself, a breach of these Terms. Such activity remains subject to all applicable laws and the general prohibitions in the AUP (including the prohibitions on fraud, deception, and unlawful conduct). Xmail does not itself operate a crypto exchange, custody, or virtual-asset service and is not a virtual-asset service provider (see Section 10.11).

9.4 Enforcement. We may investigate suspected violations and may take any action we consider appropriate, including removing or disabling access to Content, applying filtering, throttling or suspending activity, and suspending or terminating Accounts, in accordance with the AUP and Section 21.

10. Points and Prepaid Credits

10.1 What Points are. "Points" are prepaid digital credits that you may purchase and hold in your Account and apply toward eligible paid features, usage, or services within the Service. Points are a prepaid mechanism for accessing the Service and nothing more.

10.2 What Points are NOT. Points are not money, legal tender, currency, a deposit, a bank balance, electronic money, a stored-value instrument, a payment instrument, a security, or a financial product of any kind. Points:

(a) have no cash value and are not redeemable for cash, except where a refund or credit is required under Section 10.7 or 10.8 or by applicable mandatory law;

(b) confer no interest, dividend, or yield;

(d) represent only a limited, personal, revocable, non-transferable licence to access paid features of the Service in accordance with these Terms; and

(e) remain at all times subject to these Terms, including the expiry, refund, and forfeiture provisions below.

You acknowledge that Points do not constitute a claim to any specific funds held by us and that your purchase of Points does not create a debtor-creditor, fiduciary, trust, or banking relationship between you and Xmail.

10.3 Pricing. The standard value of Points is one (1) Point = US$0.01 (one US cent). Accordingly, one hundred (100) Points have a standard application value of US$1.00. We may offer Points in defined bundles, and from time to time we may offer promotional or bonus Points (see Section 13). The price you pay to purchase Points, any applicable minimum purchase amount, and the number of Points you receive will be displayed at the point of purchase before you complete the transaction. Prices are stated in US dollars unless we indicate otherwise and are exclusive of Taxes except where stated (see Section 11).

10.4 Purchase and top-up. You may purchase or "top up" Points through the payment methods we make available from time to time. Top-ups may be processed by Payment Processors (for example, Stripe), and your purchase is also subject to the applicable Payment Processor's terms (see Section 11). We may set, vary, or remove minimum and maximum top-up amounts, daily or account limits, and supported payment methods at our discretion. We may decline, delay, or reverse any purchase where we reasonably suspect fraud, error, unauthorised use, sanctions or anti-money-laundering concerns, or a breach of these Terms.

10.5 Crediting and consumption. Points are credited to your balance once we (or the relevant Payment Processor) confirm that payment has cleared. Points are consumed ("spent") when you use paid features or incur chargeable usage, at the rates and in the increments displayed in the Service at the relevant time. Where you hold both promotional/bonus Points and purchased Points, we may apply promotional/bonus Points first. We may update the Point cost of any feature or unit of usage on a prospective basis; changes do not retroactively alter Points already spent.

10.6 Balance expiry.Your Point balance may expire after a period of inactivity. Unless prohibited by applicable mandatory law, Points may expire:

(a) after twenty-four (24) months of continuous account inactivity (which period must meet or exceed any applicable UAE/EU/UK consumer or unclaimed-property minimum validity period); and/or

(b) on the date stated at the time of a promotional or bonus grant (which date may be shorter for promotional/bonus Points).

Before purchased Points expire under paragraph (a), we will give you advance notice (by email and in-product). We will indicate the applicable expiry rules at or before the time of purchase or grant, and/or in the Service. This is subject to any longer minimum required by your local consumer or unclaimed-property law. Where applicable mandatory consumer or unclaimed-property law requires a longer minimum validity period or restricts expiry, that law prevails to the extent of any conflict. Expired Points are forfeited and have no value, subject to any such mandatory law.

10.7 Refund of unused purchased Points on no-fault termination or closure. Purchased (non-promotional) Points are not blanket-forfeited. If we terminate or close your Account without your fault (including where we discontinue the Service under Section 20.1 or terminate without cause), or if you close your Account, we will refund or credit the unused balance of your purchased Points, calculated at their original purchase value, using the original payment method where reasonably practicable or, at our discretion, as a credit. Promotional and bonus Points have no cash value and are not refundable in these circumstances. This Section 10.7 does not apply where Section 10.9 (forfeiture for fraud/abuse/material breach) applies.

10.8 Other cases where a refund is required by law. Nothing in these Terms limits any non-waivable statutory right you may have under applicable mandatory consumer-protection law to a refund, cancellation, "cooling-off", or remedy (including, where applicable, rights of certain consumers under the UAE consumer-protection regime — Federal Law No. 15 of 2020 on Consumer Protection, Cabinet Decision No. 66 of 2023 (its Implementing Regulation), and Federal Decree-Law No. 14 of 2023 (Modern Trading by Technological Means / E-Commerce) — or under EU/UK or other local consumer law). Where such law requires us to provide a refund, exchange, or other remedy, we will do so to the extent, and only to the extent, required by that law. Statutory refunds will be made using the original payment method where reasonably practicable.

10.9 Forfeiture limited to fraud, abuse, or material breach. We may forfeit your Points (including unused purchased Points) only where we reasonably determine that your Account is being or has been terminated for fraud, abuse, or a material breach of these Terms or the AUP, or where required or permitted to give effect to Section 10.10 or applicable law. Outside those cases, unused purchased Points are handled under Section 10.7 or 10.8.

10.10 No transfer, sale, or pooling. Points are personal to your Account. You may not sell, resell, assign, transfer, gift, barter, lend, pledge, encumber, pool, or otherwise make Points available to any other person or account, and you may not acquire Points other than directly through Xmail or an authorised channel. Any Points obtained, transferred, or used in breach of this Section 10.10 may be cancelled, suspended, or voided without refund.

10.11 Chargebacks. If you initiate a chargeback, payment dispute, or reversal with your bank, card issuer, or Payment Processor in respect of a Points purchase, we may, without limiting our other rights and to the extent permitted by law:

(a) suspend or restrict your Account and access to the Service pending resolution;

(b) reverse the disputed purchase and the Points it funded; and

Where the chargeback or dispute is abusive or fraudulent (for example, a chargeback raised in bad faith after the Points were spent), we may additionally, to the extent permitted by law, deduct or reverse the disputed Points even if already spent (which may result in a negative balance) and require you to repay any amount we are charged or that becomes payable as a result, including chargeback, administrative, and reasonable recovery fees. We will not pursue a negative-balance clawback of already-spent Points or recovery fees against a Consumer except in cases of fraud or chargeback abuse. We may also contest any chargeback we believe to be invalid and provide records of your purchase and use of the Service to the relevant Payment Processor or financial institution for that purpose.

10.12 Crypto-friendly clause. Xmail is, and intends to remain, crypto- and blockchain-friendly, while remaining within the scope of its SHAMS commercial licence No. 6312.01. This means that: (a) Xmail does not prohibit you from using the Service in connection with lawful cryptocurrency, blockchain, digital-asset, stablecoin, or Web3 activities; and (b) Xmail may accept payment for Points or other services in cryptocurrency or stablecoins only through licensed third-party payment providers. Where crypto or stablecoin payment is offered, a licensed third-party payment service provider performs any conversion and/or custody, and Xmail is settled in fiat (AED) or in a CBUAE-licensed AED payment token — Xmail does not itself take custody of, or settle in, the underlying virtual asset. This arrangement is conducted in line with the CBUAE Payment Token Services Regulation (2024) and, where applicable, the requirements of the Securities and Commodities Authority (SCA). You acknowledge that, under current UAE rules outside the financial free zones, foreign stablecoins may not be accepted as payment for ordinary (non-virtual-asset) services; accordingly, any crypto payment is processed via conversion to fiat by the licensed third-party provider. Xmail does not itself operate a crypto exchange, custody, or virtual-asset service and is not a virtual-asset service provider (VASP). Any direct acceptance of crypto or stablecoin payments by Xmail (as opposed to acceptance through a licensed third-party provider) is subject to Xmail first obtaining the required UAE authorisation, including from the Securities and Commodities Authority (SCA) and/or the Central Bank of the UAE (CBUAE) where applicable; the SHAMS licence No. 6312.01 alone does not authorise virtual-asset or payment-token services. Where digital-asset payments are accepted, additional terms (including network fees, supported assets, conversion methodology, and confirmation requirements) may apply and will be presented at the point of payment. Nothing in this Section limits our obligation to comply with applicable sanctions, anti-money-laundering, counter-terrorist-financing, and other legal requirements, or our right to decline or reverse any transaction on those grounds.

11. Billing, Taxes and Payment Processors

11.1 Charges. You agree to pay all charges associated with your purchases, top-ups, subscriptions (if any), and chargeable usage of the Service, at the prices in effect when the charge is incurred. Unless we state otherwise, all prices are quoted in US dollars.

11.2 Taxes. Prices are, unless expressly stated otherwise, exclusive of Taxes. "Taxes" means all value added tax (including UAE VAT under Federal Decree-Law No. 8 of 2017, currently at the standard rate), goods-and-services taxes, sales taxes, use taxes, excise, withholding, and similar duties, levies, or charges imposed by any competent authority, together with any related interest and penalties, but excluding taxes on our net income. You are responsible for all applicable Taxes arising from your purchases or use of the Service, other than taxes on our net income. Where we are required to collect Taxes, they may be added to the amount you are charged and itemised where required. If you are required by law to withhold or deduct any amount from a payment to us, you will gross up the payment so that we receive the full amount we would have received absent the withholding, except where applicable mandatory law provides otherwise. If you are exempt from, or entitled to a reduced rate of, any Tax, you must provide valid documentation to that effect before the relevant charge. Prices are exclusive of applicable taxes, and UAE VAT at the standard rate of 5% applies where chargeable. The cross-border B2C place-of-supply and VAT-registration treatment is .

11.3 Payment Processors and pass-through terms. Payments are collected by, and processed through, Payment Processors. We do not store full card or bank-account credentials; those are handled by the Payment Processor. By submitting a payment, you authorise the relevant Payment Processor and us to charge your chosen payment method for the amount displayed, and you agree to the Payment Processor's own terms of service and privacy policy, which apply to your payment in addition to these Terms. We are not responsible for the acts, omissions, availability, fees, or security practices of any Payment Processor, except to the extent required by applicable mandatory law. The Payment Processor, and not Xmail, is responsible for the payment-processing function.

11.4 Accurate billing information. You agree to provide and keep current complete and accurate billing and payment information, and you authorise us and our Payment Processors to retain and use that information to process your payments.

11.5 Failed, declined, or reversed payments. If a payment fails, is declined, is charged back, or is otherwise reversed:

(a) the related Points may not be credited, or may be reversed if already credited;

(b) we may retry the charge, suspend or restrict access to paid features, or suspend your Account until amounts due are paid; and

(c) we may recover amounts owed, including reasonable costs of collection and any fees we incur, to the extent permitted by law. We will not pursue collection or recovery against a Consumer beyond the unpaid amount itself except in cases of fraud or chargeback abuse, and as limited by Section 10.11.

11.6 Currency and conversion. Where you pay in a currency other than US dollars, or your payment method settles in another currency, conversion rates and any conversion or cross-border fees are determined by the Payment Processor, your card issuer, or your bank, and are your responsibility. We are not responsible for exchange-rate fluctuations.

11.7 Receipts and records. We or the Payment Processor will make a receipt or transaction record available to you for each completed purchase. You are responsible for retaining records you need for your own tax or accounting purposes.

12. Plans, Subscriptions and Auto-Renewal

This Section 12 applies only to the extent we offer, and you select, a recurring or subscription-based plan ("Plan"). If you use the Service solely on a Points/prepaid basis, this Section 12 does not apply to you.

12.1 Plans. We may offer one or more Plans giving access to defined features, usage allowances, or service levels for a recurring fee over a defined billing period (for example, monthly or annual). The features, allowances, price, and billing period of each Plan will be described at the point of purchase.

12.2 Auto-renewal requires explicit consent. Plans do not renew automatically by default. Auto-renewal applies only where, at the point of purchase, we separately disclose and you expressly consent to it. Before you agree to an auto-renewing Plan, we will clearly and separately present: (a) the renewal price; (b) the renewal period; (c) the renewal date (or the basis on which it is determined); (d) how to cancel, including any deadline; and (e) the fact that we will send an advance renewal reminder before each renewal. We will send that advance reminder before each renewal charge. Only after you provide this separate, affirmative consent will your Plan renew for a further period of the same length, with the then-current Plan fee charged through the Payment Processor, until you cancel under Section 12.3. We will not rely on a pre-ticked box or silent opt-in for auto-renewal.

12.3 Cancellation. You may cancel auto-renewal at any time through your account settings or by contacting us at [email protected]. Cancellation takes effect at the end of the then-current billing period: you will retain access to the Plan until the end of that period, and you will not be charged for further periods. Except as required by applicable mandatory law (see Section 10.8), cancellation does not entitle you to a refund of fees already paid for the current or prior periods.

12.4 Price changes. We may change Plan prices and the features or allowances included in a Plan. We will give you reasonable advance notice of any price increase or material reduction in included features before it takes effect, in accordance with Section 20. The change will apply from your next renewal; if you do not agree, you may cancel under Section 12.3 before the change takes effect.

12.5 Trials and downgrades. Where a Plan includes a free or discounted trial, the trial terms (including the date on which paid charges begin and any auto-renewal consent obtained under Section 12.2) will be stated at sign-up and are also subject to Section 13. You may downgrade a Plan effective from the next billing period; downgrades may reduce available features or allowances.

13. Free, Beta and Promotional Offers

13.1 Beta status. The Service is currently offered in Beta, meaning it is a pre-release, evolving product made available for early use and evaluation. The Service is provided "as-is" and "as-available", may contain bugs, errors, and incomplete or unstable features, and may change, be interrupted, or be discontinued at any time. You should not rely on the Service, or on email delivery through it, for critical, sensitive, or time-sensitive purposes (see Section 6).

13.2 Feature availability and rollout. Features — in particular AI Features (such as classification, summarisation, the user "Portrait", research, and assistant capabilities) — are being rolled out gradually through the end of 2026 and may be made available to some users before others, or not at all. The presence of a feature in marketing, documentation, or the interface is not a guarantee that it is, or will become, available to you, will function as described, or will be retained. Any roadmap, statement of future plans, or "coming soon" indication is for general information only, is not a commitment or guarantee, and may change or be cancelled at any time.

13.3 Free and promotional offers. We may make parts of the Service, certain features, bonus Points, discounts, trials, credits, referral rewards, or other promotional benefits available free of charge or on promotional terms ("Offers"). Offers may be subject to additional eligibility criteria, usage limits, expiry dates, and other conditions, which we will make available with the Offer and which form part of these Terms in respect of that Offer.

13.4 No guarantee; withdrawal. Offers are provided at our discretion and as a courtesy. We may change, limit, suspend, or withdraw any Offer, and we may modify or discontinue free tiers or promotional Points, at any time and without liability, except to the extent we have already accepted payment for a specific committed benefit or applicable mandatory law provides otherwise. No Offer is guaranteed to be available now or in the future.

13.5 No cash value; anti-abuse. Promotional and bonus Points and other Offer benefits have no cash value, are non-transferable, are non-refundable, and may expire (see Section 10.6). One Offer per person or Account unless we state otherwise. We may cancel or reclaim any Offer benefit, and suspend or terminate Accounts, where we reasonably determine that an Offer has been obtained or used through fraud, abuse, multiple or fake accounts, automated means, or in breach of these Terms or the Offer's conditions.

13.6 Relationship to other provisions. The Beta nature of the Service reinforces, and does not limit, the disclaimers in Section 22 and the limitations of liability in Section 23.

14. Third-Party Services and Links

14.1 Third-party services. The Service may interoperate with, link to, depend on, or allow you to connect, third-party products, networks, websites, content, and services that we do not own or control (collectively, "Third-Party Services"), including external email providers, custom-domain registrars and DNS providers, Payment Processors (for example, Stripe), and AI providers. Your use of any Third-Party Service is governed by that third party's terms and privacy practices, not by these Terms. We do not endorse and are not responsible or liable for any Third-Party Service, including its availability, security, accuracy, lawfulness, terms, privacy practices, fees, or any act or omission of its provider. Your use of any Third-Party Service is solely between you and the relevant provider.

14.2 Links. The Service, and Content delivered through it, may contain links to third-party websites or resources. We provide such links for convenience only and do not endorse, and are not responsible for, the availability, accuracy, or content of any third-party site or resource, or for any loss arising from your use of them. Treat links received by email with caution.

14.3 No responsibility for third-party content. We are not responsible for the content of email or other communications sent by third parties through or to the Service, including any malicious, fraudulent, or infringing content.

15. Intellectual Property

15.1 Our rights. The Service, including all software, source code, interfaces, designs, text, graphics, look and feel, and other materials provided by us (excluding your Content and third-party materials), and all intellectual property rights in the foregoing, are and remain the exclusive property of Xmail and its licensors. These Terms do not grant you any rights in the Service except the limited right to use it in accordance with these Terms (see Section 5.3).

15.2 Marks. "Xmail", the Xmail logo, and our other names, logos, and product names are trademarks or trade names of Xmail or its licensors. You may not use them without our prior written consent, except as permitted by applicable law for fair and nominative reference.

16. Copyright and IP Infringement; Notice and Takedown

16.1 Respect for IP rights. We respect the intellectual-property rights of others and expect users to do the same. We may, in appropriate circumstances and at our discretion, remove or disable access to Content claimed to be infringing and may suspend or terminate the Accounts of users who repeatedly infringe.

16.2 Submitting a notice. If you believe that Content stored or made available through the Service infringes your copyright or other intellectual-property right, please send a written notice to our designated agent at [email protected] containing:

(a) your name, address, and contact details;

(b) identification of the work or right claimed to be infringed;

(d) a statement that you have a good-faith belief that the use is not authorised by the rights holder, its agent, or the law;

(e) a statement that the information in the notice is accurate and, where applicable, that you are authorised to act on behalf of the rights holder; and

(f) your physical or electronic signature.

16.3 Counter-notice. If your Content was removed or disabled and you believe this was in error, you may submit a counter-notice to the same contact, providing equivalent identifying and good-faith information. We may restore the affected Content where permitted by applicable law.

16.4 Misuse. Submitting a knowingly false notice or counter-notice may expose you to liability. We may decline to act on notices that do not substantially comply with this Section 16.

17. Privacy and Data Protection

17.1 Privacy Policy. Our collection and use of personal data in connection with the Service is described in the Privacy Policy, which is incorporated into these Terms by reference. The Privacy Policy explains, among other things, the lawful bases on which we process personal data; how AI Features and Subprocessors handle Content; retention periods; security measures; international transfers; data-subject rights; breach notification; children's data; and how to contact us or our data-protection contact.

17.2 Applicable data-protection law. We process personal data in accordance with the UAE Personal Data Protection Law (Federal Decree-Law No. 45 of 2021) and its implementing regulations (as in force and amended from time to time) and, for users in the European Economic Area and the United Kingdom, the EU General Data Protection Regulation and the UK GDPR, as applicable. The PDPL's implementing/executive regulations have not yet been issued or entered into force; there is no confirmed statutory compliance deadline. We apply the PDPL's principles together with recognised good practice, and reference the PDPL and its implementing regulations as in force and amended from time to time. Our infrastructure is self-hosted (on our own Proxmox/CEPH clusters), and primary processing takes place in the UAE, with cross-border transfers to Subprocessors carried out under appropriate safeguards as described in the Privacy Policy.

17.3 Your obligations. Where you use the Service to process personal data of other individuals, you are responsible for doing so lawfully, including providing any required notices and obtaining any required consents.

17.4 Controller / processor allocation; DPA. For mail and other Content processed on a custom or organisation domain, the organisation is the data controller and Xmail acts as a processor on the organisation's behalf and on its documented instructions. For such customers, Xmail makes available a Data Processing Addendum (DPA) which, once entered into, governs that processing and prevails over any inconsistent term of these Terms to the extent of the conflict. For mail on an Xmail-operated, secondary, or vanity domain used by an individual for their own purposes, Xmail is the controller for the processing it carries out to provide the Service, as described in the Privacy Policy.

18. Communications and Notices

18.1 Consent to electronic communications. You consent to receive communications from us electronically, including by email, through the Service, or by posting notices within the Service. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that they be in writing.

18.2 Service and transactional messages. We may send you service, administrative, security, billing, and legal communications relating to your Account and the Service. You may not opt out of these communications while you maintain an Account, as they are necessary to provide the Service.

18.3 Notices to you; secondary channel for legally significant notices. We may give notice to you by email to the address associated with your Account, by posting within the Service, or by other reasonable means. Because email delivery is not guaranteed (see Section 6.2), any legally significant notice to you (including notices of material changes to these Terms, suspension or termination, billing or renewal, and dispute-related notices) will also be made available through an in-product or other secondary channel and will not be given solely by email. A notice is deemed given when sent by email and made available through such secondary channel, or when posted within the Service, whichever first occurs.

18.4 Notices to us. Unless these Terms specify a different contact, legal notices to Xmail must be sent to [email protected]. Notice is deemed given when we acknowledge receipt or three (3) business days after dispatch by a reliable means, whichever is earlier.

18.5 Keep your details current. You are responsible for keeping your Account email address and contact details accurate and current so that you receive our communications.

19. Export Controls and Sanctions

19.1 Compliance. Your use of the Service must comply with all applicable export-control, trade-sanctions, and embargo laws and regulations, including those of the United Arab Emirates and any other jurisdiction whose laws apply to you or to the Subprocessors and providers used to deliver the Service.

19.2 Your representations. You represent and warrant that: (a) you are not located in, ordinarily resident in, or organised under the laws of, any country or territory that is subject to comprehensive sanctions or embargo; (b) you are not identified on any applicable list of sanctioned or restricted parties; and (c) you will not access or use the Service in violation of any applicable export-control or sanctions law, or on behalf of any such country, territory, or party.

19.3 Restrictions. You must not use the Service to develop, transmit, or facilitate anything for any prohibited end-use, or to evade or circumvent any export-control or sanctions restriction. We may suspend or terminate access where we reasonably believe continued provision would breach this Section 19.

19.4 Lawful crypto activity. Nothing in this Section 19 is intended to prohibit lawful cryptocurrency, digital-asset, or blockchain-related activity that complies with applicable export-control and sanctions laws.

20. Modifications to the Service and to These Terms

20.1 Changes to the Service. The Service is provided on an "as-is" and "as-available" basis and is currently in Beta (see Section 13). We may add, change, improve, limit, suspend, discontinue, or remove any part of the Service — including any feature (in particular AI Features), integration, allowance, or supported configuration — at any time, with or without notice, and without liability to you, except to the extent applicable mandatory law provides otherwise. We will use reasonable efforts to give notice of material adverse changes to paid features where practicable.

20.2 Changes to these Terms. We may modify these Terms from time to time, for example to reflect changes in the Service, our business, or legal or regulatory requirements. The current Terms will be posted at /terms with a "Last updated" date.

20.3 Notice and effective date. For changes that materially affect your rights or obligations, we will provide reasonable advance notice before they take effect — for example by email to the address associated with your Account, by an in-product notice (see Section 18.3), and/or by posting on xmail.com — and will state the effective date, except where an immediate change is required for legal, security, or fraud-prevention reasons. Non-material changes (such as clarifications or corrections) may take effect when posted.

20.4 Acceptance through continued use. By continuing to access or use the Service after the effective date of a change to these Terms, you accept the updated Terms. If you do not agree to a change, you must stop using the Service before the change takes effect and may close your Account; the consequences for your Points are governed by Sections 10 and 21. Where applicable mandatory law requires your express consent to a particular change, we will obtain it as required, and that requirement prevails over the continued-use mechanism in this Section 20.4 to that extent.

20.5 Dispute-resolution changes. If we make a material change to the dispute-resolution provisions of these Terms (Sections 26 and 27), that change will not apply to any Dispute of which we had actual notice before the change's effective date, except to the extent the change is required by law.

21. Term, Suspension and Termination

21.1 Term. These Terms apply from the time you first access or use the Service and continue until terminated in accordance with this Section 21.

21.2 Termination by you. You may stop using the Service and close your Account at any time through your account settings or by contacting us at [email protected]. On account closure by you, we will refund or credit the unused balance of your purchased Points in accordance with Section 10.7, and any other refund required by applicable mandatory law (see Section 10.8); promotional and bonus Points are forfeited.

21.3 Suspension or termination by Xmail. We may suspend, restrict, or terminate your access to all or part of the Service, and/or your Account, with notice where reasonably practicable, if:

(a) you materially breach these Terms and (where the breach is capable of remedy) fail to remedy it within a reasonable period after notice;

(b) your non-payment, failed payment, or chargeback affects your Account (see Sections 10.11 and 11.5); or

We may suspend or terminate your access immediately and without prior notice if:

(d) we reasonably believe you have violated the AUP or used the Service for fraudulent, abusive, infringing, harmful, or illegal purposes, or in a way that harms or threatens the Service, other users, or third parties;

(e) we are required to do so by law, regulation, court order, or a competent authority, or to comply with sanctions or anti-money-laundering obligations; or

(f) necessary to protect the security, integrity, or availability of the Service or to prevent harm.

21.4 Effect of termination — access. On termination or expiry, your right to access and use the Service ends, and we may deactivate or delete your Account, Mailboxes, and associated data, subject to Section 21.6.

21.5 Effect of termination — Points. On termination or closure of your Account:

(a) where we terminate or close your Account without your fault (including a no-cause termination or a discontinuation under Section 20.1), or where you close your Account, we will refund or credit the unused balance of your purchased Points in accordance with Section 10.7;

(b) where your Account is terminated for fraud, abuse, or material breach, your remaining Points (including purchased Points) may be forfeited under Section 10.9; and

This Section is subject in all cases to any refund or remedy required by applicable mandatory law (see Section 10.8).

21.6 Data export window and deletion. Following termination or closure that is not based on your breach, illegality, or abuse, we will, for a period of thirty (30) days after termination (or such longer period as applicable law requires), make commercially reasonable efforts to allow you to export or retrieve your email data via the export tools or standard protocols (e.g. IMAP) we make available. After that 30-day export window closes, your data will be deleted within a further thirty (30) days (so that deletion occurs up to approximately sixty (60) days after termination), subject to any longer retention required by law and to the retention provisions of the Privacy Policy. Where we terminate for your breach, illegality, abuse, or for legal/security reasons, we may shorten or decline to provide an export window to the extent permitted by law, while still honouring any data-subject access rights you have under applicable data-protection law (see Section 17). You are responsible for maintaining your own backups of important data; the Service must not be relied upon as your sole repository.

21.7 Survival. Termination does not affect rights or liabilities accrued before termination. Any provisions of these Terms that by their nature should survive termination will survive, including (without limitation) Sections 8 (ownership, licences, and Feedback), 10.2 and 10.6–10.11 (Points status, expiry, refunds, forfeiture, transfer restrictions, and chargebacks), 11 (Billing, Taxes and Payment Processors), 21.5 (effect on Points), 22 (Disclaimers), 23 (Limitation of Liability), 24 (Indemnification), 25 (Governing Law), 26 (Dispute Resolution), 27 (Class Action Waiver), and 29 (General).

22. Disclaimers; "As-Is" and Beta Service

22.1 Beta status. You acknowledge that the Service is provided on a beta basis. It is under active development; certain features (in particular AI Features) are being rolled out gradually through the end of 2026 and thereafter; and any feature may be unavailable now, withdrawn, delayed, or never released. Functionality may change, be suspended, be degraded, or be discontinued at any time, with or without notice. You should not adopt the Service for any purpose, or make any decision or commitment, on the assumption that any particular feature exists, will continue to exist, or will perform in any particular way.

22.2 "As-Is" / "As-Available". To the maximum extent permitted by applicable law, the Service, including all software, content, AI Output, and related materials, is provided "AS IS" and "AS AVAILABLE", with all faults and without warranty, representation, or condition of any kind, whether express, implied, statutory, or otherwise. Without limiting the foregoing, Xmail and its affiliates, licensors, and suppliers expressly disclaim all implied warranties and conditions, including any implied warranty or condition of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment, title, and non-infringement, and any warranty arising from course of dealing, course of performance, or usage of trade.

22.3 No warranty of operation. We do not warrant that: (a) the Service will be uninterrupted, timely, secure, error-free, or free of viruses, malware, or other harmful components; (b) any defects will be corrected; (c) the Service or the servers and infrastructure that make it available are free of harmful elements; (d) results obtained from using the Service (including AI Output, classifications, spam scoring, research, or "Portrait" outputs) will be accurate, complete, reliable, or meet your requirements; or (e) any data, configuration, Mailbox content, or settings will be preserved, backed up, recoverable, or free from loss or corruption.

22.4 No guarantee of email delivery. As set out in Section 6.2, email delivery is not guaranteed, and you must not rely on the Service for any critical, urgent, time-sensitive, life-safety, financial, legal-deadline, or otherwise consequential communication. We have no liability arising out of or related to any non-delivery, delay, filtering, quarantine, rejection, loss, or corruption of any message, except to the extent such liability cannot be excluded under applicable mandatory law (see Section 23.3).

22.5 AI Features. As set out in Section 7, AI Output is probabilistic and imperfect, must not be relied upon, and is provided on the same "AS IS" / "AS AVAILABLE" basis as the rest of the Service. The disclaimers in this Section 22 apply fully to AI Features.

22.6 Third-party services and content. We do not endorse and are not responsible or liable for any Third-Party Service or for any third-party content, as further described in Section 14. Your use of any Third-Party Service is solely between you and the relevant provider.

22.7 Jurisdictional limits. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation of statutory consumer rights. To the extent any such warranty, condition, or right cannot lawfully be excluded as to you, the disclaimers in this Section apply to the fullest extent permitted, and nothing in these Terms limits any right or remedy that cannot be limited or excluded under applicable mandatory law.

23. Limitation of Liability

23.1 Exclusion of certain damages. To the maximum extent permitted by applicable law, in no event will Xmail or its affiliates, officers, directors, employees, agents, licensors, or suppliers (the "Xmail Parties") be liable to you or any third party for any indirect, incidental, special, consequential, exemplary, or punitive damages whatsoever, or for any damages for loss of profits, loss of revenue, loss of business, loss of anticipated savings, loss of goodwill or reputation, loss of opportunity, business interruption, or loss, corruption, inaccuracy, or unavailability of data, mail, or content (including any failure to deliver, delay in delivering, filtering, quarantining, or losing any message), arising out of or related to these Terms or the Service, however caused and under any theory of liability (whether in contract, tort (including negligence), strict liability, statute, or otherwise), even if a Xmail Party has been advised of the possibility of such damages and even if a stated remedy fails of its essential purpose.

23.2 Aggregate liability cap. To the maximum extent permitted by applicable law, the total aggregate liability of the Xmail Parties arising out of or related to these Terms and the Service, for all claims in the aggregate, will not exceed the greater of (a) the total amounts you actually paid to Xmail for the Service in the three (3) months immediately preceding the event first giving rise to the liability, or (b) fifty US dollars (US$50). This cap applies in the aggregate across all claims and causes of action and does not reset with each claim. Points and other prepaid credits are not "amounts paid" for purposes of clause (a) except to the extent they represent sums you actually paid to Xmail in that three-month period. The US$50 floor and the cap generally may be unenforceable against Consumers in the UAE, EU, or UK and other jurisdictions, and apply only to the extent permitted by applicable mandatory consumer law — see Sections 23.3 and 23.5.

23.3 Carve-outs (liabilities that are not excluded). Nothing in these Terms excludes or limits the liability of any party to the extent such exclusion or limitation is not permitted by applicable mandatory law. In particular, and to the extent applicable mandatory law (including the laws of the United Arab Emirates) so provides, nothing in these Terms limits or excludes liability for: (a) death or personal injury caused by a party's negligence; (b) fraud or fraudulent misrepresentation; (c) wilful misconduct or gross negligence; or (d) any non-excludable consumer right or any other liability that cannot lawfully be excluded or limited. Where liability cannot be excluded but can be limited, it is limited to the fullest extent permitted by law.

23.4 Allocation of risk; basis of the bargain. You acknowledge and agree that the disclaimers in Section 22 and the exclusions and limitations of liability in this Section 23 are a fundamental basis of the bargain between you and Xmail, reflect a reasonable and agreed allocation of risk in light of the beta nature of the Service and the prices charged (including that the Service may be provided free of charge or for nominal Points), and would not be offered to you on the same terms in their absence. These limitations apply even if any remedy fails of its essential purpose and will survive termination of these Terms.

23.5 Consumer rights preserved. If you use the Service as a Consumer and applicable mandatory law grants you rights or remedies that cannot lawfully be waived or limited, the exclusions and limitations in this Section apply to you only to the extent permitted by that law, and nothing in this Section affects your non-waivable statutory rights.

24. Indemnification

24.1 Your indemnity. To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Xmail Parties from and against any and all claims, demands, actions, investigations, proceedings, liabilities, damages, losses, fines, penalties, costs, and expenses (including reasonable legal fees and the costs of enforcing this indemnity) (collectively, "Claims") arising out of or related to:

(a) your access to or use of the Service, including any AI Features and any message sent, received, stored, or processed through your Account;

(b) your breach or alleged breach of these Terms, the AUP, or any other policy incorporated by reference;

(c) your misuse of the Service, including any use for spam, phishing, fraud, malware distribution, harassment, or any unlawful, infringing, or abusive purpose;

(d) any Content you transmit, upload, store, generate, or otherwise make available through the Service, and any claim that such Content is unlawful or infringes or misappropriates any patent, copyright, trademark, trade secret, privacy, publicity, data-protection, or other right of any third party;

(e) your violation of any applicable law or regulation; or

(f) your violation of the rights of any third party, including any of your correspondents or any data subject whose personal data you process through the Service.

To the extent you use the Service as a Consumer, this indemnity applies only to the extent permitted by applicable mandatory consumer law.

24.2 Procedure. We will use reasonable efforts to notify you of any Claim for which we seek indemnification, provided that any failure to do so will not relieve you of your obligations except to the extent you are materially prejudiced. We may, at our option and at your expense, assume the exclusive defence and control of any Claim subject to indemnification, in which case you agree to cooperate with our defence. You may not settle any Claim in a manner that imposes any liability, obligation, or admission on, or requires any payment or non-monetary remedy from, any Xmail Party without our prior written consent.

24.3 Survival. Your obligations under this Section survive any termination or expiration of these Terms and your use of the Service.

25. Governing Law

25.1 Governing law. These Terms, and any dispute, claim, or matter (including any non-contractual dispute or claim) arising out of or in connection with these Terms, their subject matter, or their formation, are governed by and construed in accordance with the federal laws of the United Arab Emirates, as applied in the Emirate of Sharjah (where Xmail is licensed by the Sharjah Media City Free Zone (SHAMS) under commercial licence No. 6312.01), without regard to conflict-of-laws principles. The Sharjah Media City Free Zone is a licensing free zone and is not one of the United Arab Emirates' common-law financial free zones; accordingly, DIFC law and ADGM law do not govern these Terms.

25.2 International sales law excluded. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

25.3 Mandatory consumer law. If you are a Consumer habitually resident in a jurisdiction whose mandatory law grants you protections that cannot be derogated from by agreement, nothing in this Section deprives you of those protections, and the choice of UAE law in Section 25.1 applies only to the extent it does not override them.

26. Dispute Resolution; Consumer Courts and Business Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT GOVERNS HOW DISPUTES ARE RESOLVED. IF YOU ARE A CONSUMER, THE DEFAULT FORUM IS THE COMPETENT UAE COURTS, AND YOUR NON-WAIVABLE HOME-COUNTRY RIGHTS ARE PRESERVED. IF YOU ARE A BUSINESS / NON-CONSUMER USER, DISPUTES ARE RESOLVED BY BINDING INDIVIDUAL ARBITRATION (DIAC), AND, SUBJECT TO SECTION 27 AND APPLICABLE MANDATORY LAW, THE WAYS YOU CAN SEEK RELIEF ARE LIMITED.

26.1 Informal resolution first. Before commencing any arbitration or court proceeding, the parties agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Service (a "Dispute") informally. You agree to send a written notice describing the Dispute, the relief sought, and your contact details to [email protected], and we will send any notice to the contact details associated with your Account. The parties will negotiate in good faith for at least sixty (60) days from the date the notice is received (the "Informal Resolution Period"). The parties agree to toll (suspend) any applicable limitation period during the Informal Resolution Period to the extent permitted by law. Either party may pursue the applicable forum under Section 26.2 or 26.3 only after the Informal Resolution Period ends without resolution.

26.2 Consumers — competent UAE courts (default forum). If you are a Consumer, then unless and until you validly agree otherwise under Section 26.3(b), Disputes that are not resolved informally will be subject to the exclusive jurisdiction of the competent courts of the United Arab Emirates (the courts of the Emirate of Sharjah or such other competent UAE court), except that this does not deprive you of any non-waivable right to bring proceedings in, or to be sued only in, the courts of your place of habitual residence where applicable mandatory law so requires, nor of any other non-waivable forum or remedy that such law guarantees. We do not require Consumers to arbitrate as a condition of using the Service. In particular, for a digital consumer contract valued below AED 50,000, a pre-dispute arbitration clause is impermissible under UAE Federal Decree-Law No. 14 of 2023 (Modern Trading by Technological Means / E-Commerce), Article 9, and any such Dispute routes instead to the competent authority's Dispute Resolution Committee or the competent UAE courts.

26.3 Business users — binding arbitration (DIAC); consumer opt-in.

(a) Business / non-consumer users. If you are not a Consumer, then any Dispute not resolved during the Informal Resolution Period will be finally and exclusively resolved by binding arbitration administered by the Dubai International Arbitration Centre (DIAC) in accordance with its arbitration rules in force at the commencement of the arbitration, which rules are deemed incorporated by reference into this Section. A business-user arbitration agreement is valid only if signed by a person with special authority to bind the entity to arbitration, as required by the UAE Federal Arbitration Law (Federal Law No. 6 of 2018). By agreeing to arbitrate on behalf of an entity, you represent and warrant that you hold such special authority.

(b) Consumer opt-in. A Consumer is bound by the arbitration agreement in this Section 26.3 only if, after a Dispute has arisen, the Consumer affirmatively and validly agrees in writing to arbitrate that Dispute. A Consumer's pre-dispute acceptance of these Terms does not, by itself, constitute agreement to arbitrate.

(c) Seat and venue. The seat (legal place) of arbitration is Dubai, United Arab Emirates. The parties may instead agree a seat in the DIFC or ADGM in order to obtain common-law supervisory courts; any such agreed seat must be recorded in writing.

(d) Tribunal. The arbitration is conducted by a single arbitrator appointed in accordance with the applicable DIAC rules.

(e) Language. The language of the arbitration is English.

(f) Award. The arbitrator's award is final and binding, and judgment on the award may be entered in, or recognised and enforced by, any court of competent jurisdiction.

(g) Authority. The arbitrator has authority to resolve any Dispute subject to arbitration under this Section, including any dispute as to the interpretation, applicability, enforceability, or formation of this arbitration agreement, except that the question of whether the Class Action Waiver in Section 27 is enforceable is reserved for a court of competent jurisdiction.

26.4 Costs. The fees and costs of any arbitration will be allocated in accordance with the applicable arbitration rules and the arbitrator's award, except that nothing in this Section requires you to pay fees or costs that, under applicable mandatory consumer law, may not be imposed on you. Each party otherwise bears its own legal fees unless the arbitrator determines that a claim or defence was frivolous or brought for an improper purpose, or that applicable law provides for fee-shifting.

26.5 Confidentiality. Where a Dispute is arbitrated, the existence of, and all information, documents, submissions, evidence, and the award disclosed in or in connection with, the arbitration are confidential and may not be disclosed except as necessary to conduct the arbitration, to enforce or challenge the award, as required by law or regulation, or to a party's professional advisers under a duty of confidence.

26.6 Court carve-out for injunctive and IP relief. Notwithstanding any agreement to arbitrate, either party may seek interim, provisional, or injunctive relief (including to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights, confidential information, or data-security or system-integrity interests, or any unauthorised access to or misuse of the Service) from a court of competent jurisdiction, and the seeking of such relief is not a waiver of any agreement to arbitrate.

26.7 Courts where arbitration does not apply. If you are a Consumer who has not opted in under Section 26.3(b), or if for any reason the agreement to arbitrate in Section 26.3 is held unenforceable or inapplicable to a Dispute, that Dispute will be subject to the exclusive jurisdiction of the competent courts of the United Arab Emirates (the courts of the Emirate of Sharjah or such other competent UAE court), except that this does not deprive a Consumer of the right to bring proceedings in, or be sued only in, the courts of their place of habitual residence where applicable mandatory law so requires.

26.8 Mandatory consumer law preserved. Nothing in this Section requires arbitration of any Dispute, or waives any right, to the extent applicable mandatory law (including any non-waivable consumer-protection law applicable to you) prohibits such arbitration or waiver or grants you a non-waivable right to a particular forum or remedy. In that case, the affected Dispute is resolved as required by that mandatory law, and the remainder of this Section continues to apply to all other Disputes.

26.9 Survival. This Section survives termination of these Terms and the closure of your Account.

27. Class Action Waiver; No Collective Proceedings

27.1 Individual basis only.To the extent enforceable under applicable law, you and Xmail each agree that any Dispute will be brought and resolved only on an individual basis, and not as a plaintiff or class member in any purported class, collective, consolidated, representative, or private-attorney-general action or proceeding. Where a Dispute is arbitrated, the arbitrator may award relief (including monetary, injunctive, or declaratory relief) only in favour of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim; the arbitrator may not consolidate more than one person's claims, may not preside over any form of class or representative proceeding, and may not award relief to anyone other than the individual party.

27.2 No consolidation. Unless both you and Xmail agree otherwise in writing, claims of two or more users may not be joined, consolidated, or arbitrated together.

27.3 Severability of this waiver. If this Section 27 is found to be unenforceable as to any particular claim or request for relief (such as a request for public injunctive relief that cannot lawfully be waived), then that claim or request will be severed and adjudicated in a court of competent jurisdiction under Section 26.7, while all other claims will proceed as provided in Section 26. If the prohibition on class arbitration is found unenforceable as to a Dispute that is otherwise arbitrable, then the agreement to arbitrate is null and void as to that Dispute only, which will instead proceed in court under Section 26.7.

27.4 Mandatory law preserved. This waiver applies only to the extent enforceable. Where applicable mandatory law grants you a non-waivable right to participate in a collective or representative proceeding, this Section does not apply to you to the extent of that right, and you retain that non-waivable right.

28. Force Majeure

28.1 No liability for events beyond reasonable control. Xmail will not be liable or in breach of these Terms for any failure or delay in performing, or for any unavailability, interruption, degradation, or loss of, the Service to the extent caused by any event or circumstance beyond its reasonable control (a "Force Majeure Event"), including: acts of God, natural disasters, fire, flood, earthquake, storm, or extreme weather; epidemic or pandemic; war, invasion, armed conflict, terrorism, civil unrest, or sabotage; government action, sanctions, embargo, law, or order; strikes, lockouts, or other labour disputes; failure, interruption, or unavailability of electricity, internet, networks, telecommunications, hosting, cloud, payment, DNS, or other utilities or third-party infrastructure or services (including any Third-Party Service or AI Subprocessor); denial-of-service or other cyber-attacks, malware, or unauthorised intrusions; and any failure of equipment, software, or data centres not within Xmail's reasonable control.

28.2 Effect. During a Force Majeure Event, Xmail's affected obligations are suspended for the duration of the event, and the time for performance is extended accordingly. Xmail will use commercially reasonable efforts to mitigate the effect of the Force Majeure Event and to resume affected performance. If a Force Majeure Event continues for a prolonged period, either party may suspend the affected portion of the Service or these Terms in good faith. This Section does not excuse any payment obligation that accrued before the Force Majeure Event, and does not apply to any obligation under applicable mandatory law that may not be so suspended or excused.

29. General

29.1 Entire agreement. These Terms, together with the Privacy Policy, the AUP, any Data Processing Addendum, and any plan-specific or order terms we present to you, constitute the entire agreement between you and Xmail regarding the Service and supersede all prior or contemporaneous agreements, understandings, and communications on that subject.

29.2 Severability. If any provision of these Terms is held invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable or, if it cannot be so modified, severed, and the remaining provisions will continue in full force and effect.

29.3 No waiver. Our failure or delay in enforcing any provision of these Terms is not a waiver of that provision or of any other provision. Any waiver must be in writing to be effective and applies only to the specific instance and purpose for which it is given.

29.4 Assignment. You may not assign or transfer these Terms, or any rights or obligations under them, without our prior written consent, and any attempted assignment in breach of this clause is void. We may assign or transfer these Terms, in whole or in part, including in connection with a merger, acquisition, reorganisation, or sale of assets, on notice to you.

29.5 No third-party beneficiaries. These Terms do not confer any rights on, and are not enforceable by, any person who is not a party to them, except that our affiliates and Subprocessors may rely on the disclaimers and limitations that are expressed to be for their benefit.

29.6 Relationship of the parties. Nothing in these Terms creates any partnership, joint venture, agency, fiduciary, or employment relationship between you and Xmail.

29.7 Language of the agreement. These Terms may be provided in more than one language. The English-language version is the authoritative and governing version, and any translation is provided for convenience only. In the event of any conflict, the English version prevails, except where applicable mandatory local law requires otherwise.

29.8 Arabic version. Where required by UAE law, an Arabic-language version of these Terms and of the pre-contract disclosures (including price, specifications, auto-renewal, and refund/return terms) will be provided, and the Arabic version prevails to the extent UAE mandatory law so requires. To that extent, this Section 29.8 qualifies the English-prevails rule in Section 29.7.

29.9 Survival. Provisions that by their nature should survive termination survive termination or expiry of these Terms, as set out in Section 21.7.

30. Contact

30.1 Questions about these Terms may be sent to [email protected], or by post to the operator at the registered address set out in our Legal Notice (Imprint) at /legal-notice.

30.2 For security or account-compromise reports, contact [email protected] (Section 4.5). For formal legal notices, including dispute notices under Section 26.1, contact [email protected] (Section 18.4). For intellectual-property infringement notices, contact our designated agent at [email protected] (Section 16.2). For billing, support, cancellation, or to close your Account, contact [email protected].