Mailchain Terms & Privacy Statement
1. Introduction To Mailchain
1.1 What we do. Mailchain provides a communication protocol and email messaging application which enables its account holders to send end-to-end encrypted messages between web3 addresses.
1.2 What these terms cover. The following terms and conditions (Terms & Conditions) set out the legally binding agreement under which you use our websites www.mailchain.com, app.mailchain.com and any other websites that we operate from time to time (the Website) and any services that we provide to you (together, the Mailchain Platform). You will be required to read, accept and agree to comply with the Terms & Conditions and all other Terms (as defined below) when visiting our Website or accessing the Mailchain Platform. The Mailchain Platform is provided on an ‘as is’ basis and without warranty or representation.
1.3 Why you should read them. Please read the Terms carefully before you sign up to the Mailchain Platform, as by using the Mailchain Platform you agree to be bound by the Terms. This is a legally binding contract. Please note that the Terms may be updated or amended from time to time, so ensure that you check the Terms regularly as your use of the Mailchain Platform will be subject to the most recent version of the Terms posted on the Mailchain Platform at the time of use. If you think that there is a mistake in the Terms, please contact us by email at support@mailchain.com or by Mailchain message at support@mailchain to discuss this.
1.4 Accessing Services via apps. If you are accessing our Services via an app, additional terms and conditions may apply to your use of our Services (for example Apple or Android application store terms and conditions), although in the event of conflict, our Terms take precedence.
All users of the Mailchain Platform are required to accept the Terms. If you do not accept the Terms you MUST stop using the Mailchain Platform immediately and must not register as an account holder.
These Terms & Conditions were last updated on 5th December, 2022.
2. Definitions:
Account: an account created to use the services provided on the Mailchain Platform, including communicating with other web3 addresses via end-to-end encrypted messages.
Account Holder(s): any individual who creates an Account.
Business Days: a day other than a Saturday or Sunday or public holiday in England and Wales on which banks are open in London for general commercial business.
Costs: losses, damages, costs (including reasonable legal costs) and expenses (including taxation) in each case of any nature whatsoever.
Intellectual Property Rights: patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Service(s): access to the Mailchain Platform.
Terms: these Terms & Conditions, and any other terms provided to you by Mailchain from time to time.
User(s): anyone who uses the Mailchain Platform who is not an Account Holder.
3. Information About Us And How To Contact Us
3.1 Who we are. The Website is operated by Mailchain Limited, a company registered in England and Wales with company number 13800307 and whose registered office is at 9th Floor, 107 Cheapside, London EC2V 6DN, United Kingdom (Mailchain/we/us/our).
3.2 How to contact us. If you have any questions or issues, you can contact us by email to: support@mailchain.com or by Mailchain message to: support@mailchain or in writing to us at Mailchain Limited, 9th Floor, 107 Cheapside, London EC2V 6DN, United Kingdom.
3.3 How we may contact you. If we have to contact you, we will do so via Mailchain message.
3.4 Writing. When we use the words “writing” or “written” in the Terms, this includes emails and Mailchain messages unless stated otherwise.
4. The Mailchain Platform And Becoming An Account Holder On The Mailchain Platform
4.1 The Mailchain Platform. The Mailchain Platform offers several services, the details of which are set out on the Mailchain Platform and in the Terms. To fully enjoy the services available on the Mailchain Platform you may be required to register as an Account Holder. Subject to compliance with the Terms, you are granted, during the term of this Agreement, a non-transferable, non-exclusive, non-sublicensable license to use the Mailchain Platform. You understand that your use of the Mailchain Platform and the Services does not confer on you any Intellectual Property Rights held by Mailchain and/or its licensors. You are merely given a license to use the Mailchain Platform provided by Mailchain, in accordance with the Terms.
4.2 Who can use the Mailchain Platform. To access all the features of the Mailchain Platform, you may be required to register as an Account Holder. To register as an Account Holder, you must:
(a) be over 13 years of age;
(b) complete any verification processes that we require; and
(c) ensure that you have all relevant rights, licenses and/or approvals in relation to any blockchain addresses that you register on the Mailchain Platform.
4.3 Provided on an “as is” basis. The Mailchain Platform is provided on an “as is” basis and we disclaim to the fullest extent permitted by law all warranties, express or implied, statutory or otherwise. Specifically, we make no representations, warranties or guarantees about the accuracy, reliability, completeness, correctness or timeliness of the Mailchain Platform or communications provided on or through the use of the Mailchain Platform.
4.4 Availability of the Mailchain Platform. Access to the Mailchain Platform is provided on a temporary basis. We may discontinue or make changes to the Mailchain Platform at any time. We do not guarantee that the Mailchain Platform will be available at all times and on an uninterrupted basis and we will not be liable to any User or Account Holder for any Costs that they suffer or incur as a result of the Mailchain Platform being unavailable at any time or for any period.
4.5 Account registration. You can create a Mailchain account using a private key that you own. This private key derives a set of public/private key pairs responsible for different protocol functions. These key pairs include an identity key, a root messaging key, and any number of other keys for account level functions. When you create a Mailchain account, an identity key is derived. The identity key acts as the principal identity for a Mailchain account holder. Optionally, an account username (e.g. firstname@mailchain.com) can be registered with the identity key and stored in our registry. This binds the username to the identity key so messages can be sent and received using the username. You can register an external identity or blockchain wallet address with Mailchain to receive messages sent to that external address. For each address, the root messaging key derives a child messaging key. A “proof” is generated, verifying this ownership. The proof contains the details of the corresponding “messaging key”. Proofs are stored in the Mailchain registry.
4.6 Account Level Functions. A Mailchain account has a set of keys for account-level functions, including identification, signing, and encrypting mailbox data. These functions run independently of the protocol, giving you full autonomy over your data and identity without relying on the protocol, Mailchain or any other party.
4.7 Identity key. When you register for an account on the Mailchain Platform, you will be issued with an “identity” key. You should safely store a record of this identity’s “secret recovery phrase” and your Account password. You are solely responsible for maintaining the confidentiality and safety of your Account, password and secret recovery phrase, and for restricting access to your computer or any device on which you use the Mailchain Platform. Your account is intended for your sole use. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure (for example, in the event or loss, theft or unauthorised disclosure) we recommend that you notify us and take steps to protect your registered accounts and data. You may be liable for the Costs incurred by us or others due to any unauthorised use of your account. Mailchain will, under no circumstances, be liable for any loss or damage arising from your failure to keep your account secure.
4.8 Secret Recovery Phrases and Private Keys. If you lose your secret recovery phrase for your identity and your password, you will need to follow the steps on our support site to re-register on the Mailchain Platform with a new identity. A secret recovery phrase is a readable form of a private key. In this clause 4.8, we use the term “private key” to mean either secret recovery phrase or private key. We will never ask you to input your Mailchain private key unless you are attempting to recover your account. In this case, the unencrypted private key does not leave your device at any time, and we cannot ever read it. Likewise, we will never ask you to enter any private key related to another blockchain address or wallet that is not a Mailchain identity key. Please report any attempts to access your private key by sending a Mailchain message to phishing@mailchain or an email to phishing@mailchain.com.
4.9 Address Registration and Messaging Keys. If you register a blockchain address with Mailchain to receive messages in your inbox, you will “sign” a piece of data using your blockchain wallet to produce a “proof”. This proof is used when sending you messages and is publicly verifiable by anyone. It cannot be directly linked to your identity. If the blockchain address is re-registered to another Mailchain account, your account will stop receiving messages.
4.10 How you will use the Website and the Mailchain Platform. When using the Mailchain Platform, you agree that you will:
(a) comply with the Terms at all times;
(b) comply with all applicable laws or regulations at all times;
(c) not do anything to interfere with, or disrupt, the Mailchain Platform or servers or networks connected to the Mailchain Platform;
(d) not use any robot, spider, scraper or other automated means to access, acquire, copy or monitor the Website or the Mailchain Platform;
(e) not obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided through the Mailchain Platform;
(f) not distribute any material on the Mailchain Platform that is unlawful harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
(g) not attempt to gain unauthorised access to the Mailchain Platform or any computer systems or networks connected to Mailchain through hacking, phishing, password mining or any other means to interfere or attempt to interfere with the Mailchain Platform;
(h) not infringe the Intellectual Property Rights of Mailchain or any third party;
(i) not archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, or use content and information contained on or obtained from or through the Mailchain Platform;
(j) not reverse engineer, decompile, disassemble or otherwise attempt to discover any source code connection with the Mailchain Platform; and
(k) not send unsolicited bulk messages and/or use the Mailchain Platform for bulk messaging.
(l) not modify, adapt, translate or create derivative works based upon the Mailchain Platform.
5. Our Website And The Services Are Only For Adult Users
5.1 User age. You warrant that you are at least 13 years old. If you are not at least 13 years old you must not use the Mailchain Platform.
5.2 Territorial restrictions. Our services are provided worldwide, although you must not use them if you, the country you are a resident of and/or your wallet address is, at any time, on any sanctions lists maintained by the United Nations, Switzerland, the European Union, United Kingdom or United States.
6. No Reliance On Information And Links To Third Party Sites
6.1 No reliance on content. The content on our Website and the Mailchain Platform is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action based on the content on the Mailchain Platform.
6.2 No representations or warranties. Although we make reasonable efforts to update the information on the Mailchain Platform, we make no representations, warranties or guarantees, whether express or implied, that the content on the Mailchain Platform is accurate, complete or up to date.
6.3 Links to third party sites. The Mailchain Platform may contain links to third party websites or services which are not owned or controlled by Mailchain. We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party websites or services. We do not warrant the offerings of any of these entities or their websites. You acknowledge and agree that Mailchain will not be responsible or liable, directly or indirectly, for any Costs suffered or incurred by or in connection with use of or reliance on any such content, goods or services available on or through any such third party websites or services. We strongly advise you to read the terms and conditions and privacy policies or any third party websites or services that you visit.
7. Linking To Our Website
Linking to our Website. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. However, you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
8. Viruses And Phishing
8.1 Bugs and Viruses. We do not guarantee, and take no liability for ensuring, that the Mailchain Platform or any messages sent or received in connection with the Mailchain Platform, will be secure or free from bugs or viruses You are solely responsible for all action that you take on the Mailchain Platform, including any and all sites that you choose to access and/or information that you choose to share. You are responsible for configuring your information technology, computer programmes and platform to access the Mailchain Platform. You should use your own virus protection software.
8.2 No misuse of the Mailchain Platform. You must not misuse the Mailchain Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Mailchain Platform, the server on which the Mailchain Platform is stored or any server, computer or database connected to our Website. You must not attack any part of the Mailchain Platform via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities. In the event of such a breach, your right to use the Mailchain Platform will cease immediately.
9. Our Rights To Make Changes
9.1 Minor changes to the Mailchain Platform. We may make changes to the Mailchain Platform or the Terms without notifying you. These may include changes required to:
(a) reflect changes in relevant laws and regulatory requirements;
(b) add or remove features of the Mailchain Platform; or
(c) implement minor technical adjustments and improvements, for example to address a security threat.
9.2 Software Upgrades. From time to time, we may update or amend our Services, for example to reflect changes in our customer base and industry trends. This includes adding, removing and amending software tools and features in our sole discretion. This means the tools and features available on the Mailchain Platform may vary slightly from those marketed via our Website landing pages. Any new features that augment or enhance the current Services, including the release of new tools and resources, shall be subject to these T&Cs and the continued use of the Services after any such changes shall constitute your consent to such changes.
10. Intellectual Property And Privacy
10.1 The Mailchain Platform. Mailchain is the owner or the licensee of all Intellectual Property Rights in, or used in connection with, the Mailchain Platform. All rights are reserved.
10.2 Privacy Statement: Our Services are designed to operate in a privacy neutral way, ensuring that we do not have access to, or control of, your personal data in connection with your use of our Services. Any information that you choose to add to your Mailchain account (such as alias, folder, recipient or blockchain address labels) will be encrypted and can only be decrypted by you using your private key or secret recovery phrase. We do not have access to the content of any Mailchain messages that you send or receive. Your message history is stored in your encrypted mailbox hosted by Mailchain. Additional technical information may be stored on our servers, including randomly generated authentication tokens, public keys, push tokens, and other material necessary to transmit messages. Mailchain limits this additional technical information to the minimum required to operate the Services. If you contact Mailchain Support, any personal data you may choose to share with us is processed solely to deal with the issue that you raise.
10.3 Third Parties. We work with third parties to provide some of our Services (for example, the use of “captchas” to prevent bots or helpdesk software for troubleshooting issues). None of these parties has access to any of your Mailchain application data. Any information that they collect directly from you will be subject to their own terms of use and privacy policies. If you use any third-party services, such as community servers, decentralized naming services, blockchain wallets etc. in connection with our Services, this will be subject to the relevant terms of use and privacy policies that apply to your use of those services.
10.4 Analytics. We want to process as little personal information as possible. When you visit www.mailchain.com, we use Fathom Analytics for our analytics, which complies with the GDPR, ePrivacy (including PECR), COPPA and CCPA. It does not use cookies. Your IP address is briefly processed by Fathom, and Mailchain has no way of identifying you. As per the CCPA, your personal information is de-identified. You can read more about this on Fathom Analytics' website (https://usefathom.com/). The purpose of using this software is to understand our website traffic in the most privacy-friendly way possible so that we can continually improve our website and business. The lawful basis as per the GDPR is "Article6(1)(f); where our legitimate interests are to improve our website and business continually." As per the explanation, no personal data is stored overtime.
10.5 You acknowledge and agree that we may be compelled to disclose information if we are required to do so by applicable law or court order.
11. Our Rights To End The Contract
11.1 We may end the contract if you breach the Terms. If we reasonably believe that you have breached the Terms, we may immediately terminate our contract with you upon written notice and may immediately withdraw your right to access the Mailchain Platform.
11.2 We may withdraw the Mailchain Platform. We may write to you to let you know that we are going to stop providing the Mailchain Platform, for reasons other than your breach of the Terms. Without prejudice to paragraph 11.1, we will let you know at least one month in advance of stopping the provision of the Mailchain Platform.
12. Liability
12.1 Your liability to Mailchain. You agree to indemnify and hold harmless Mailchain, and its licensees and licensors, and their employees, contractors, agents, offices and directors from and against any Costs that are suffered or incurred as a result of: (a) the use and access to the Mailchain Platform, by you or any person using your Account; (b) a breach of the Terms; or (c) any threatened legal proceedings or claims issued against Mailchain in connection with your use of the Mailchain Platform. Please note that your liability could be significantly greater than any amounts that you have paid in connection with your use of the Mailchain Platform.
12.2 No unlawful exclusions. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence and for fraud or fraudulent misrepresentation.
12.3 No liability for viruses, etc. To the extent permitted by law, and subject to clause 12.2 above, we will not be liable for any Costs that are suffered as a result of a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Mailchain Platform or to your downloading of any content on it, or on any website linked to it.
12.4 Exclusion of liability in respect of business Users or Account Holders. If you are using the Mailchain Platform in the course of trade:
(a) we exclude all implied conditions, warranties, representations or other terms that may apply to our Website or any content on it;
(b) We will not be liable to you for:
i. any loss of profits, revenue, use, sales, contracts, business, anticipated savings, goodwill or reputation, or loss or corruption of, or damage to, data, or business interruption, that arises under or in connection with the Terms or the use of, or inability to use, the Mailchain Platform or its content; or
ii. any Costs, or any indirect or consequential loss or damage of any kind whatsoever, whether in contract, tort (including negligence), breach of statutory duty or otherwise even if foreseeable, that arise under or in connection with the Terms or the use of, or inability to use, the Mailchain Platform or its content; and
(c) subject to paragraphs 12.2 and 12.4(a) and 12.4(b), our liability to you for any Costs that arise as a result of your use of the Mailchain Platform and any content displayed on it will not exceed £1000.
12.5 Exclusion of liability in respect of private individuals not acting in the course of trade. If you are using the Mailchain Platform as a private individual other than in the course of trade:
(a) we are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with the Terms, we are responsible for any Costs that you suffer that are a foreseeable result of that breach or our failure to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable;
(b) you agree not to use the Website and Mailchain Platform for any commercial or business purposes, and we have no liability to you for:
i. any loss of profits, revenue, use, sales, contracts, business, anticipated savings, goodwill or reputation, or loss or corruption of, or damage to, data, or business interruption; or
ii. any Costs, or any indirect or consequential loss or damage of any kind, whatsoever, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable,
that you suffer as a result of failing to comply with this paragraph; and
(c) subject to paragraphs 12.2, 12.5(a) and 12.5(b), our liability to you for any Costs that arise as a result of your use of the Mailchain Platform and any content displayed on it will not exceed £100.
13. Other Important Things You Should Know
13.1 Trademarks. Mailchain is a registered trade mark of Mailchain Limited. You are not permitted to use it without our approval.
13.2 No agency, etc. Nothing in the Terms creates any agency, partnership, joint venture, employment or franchisee relationship between you and us.
13.3 Severance. If a court finds part of the Terms illegal, the remaining Terms will continue in full force and effect.
13.4 Transfer of Rights. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms.
13.5 No third party rights. A person who is not a party to the Terms will have no right to enforce any of them.
13.6 Delay. If we delay in enforcing the Terms, we can still enforce them later. We are not responsible for any delay in performing or a failure to perform our obligations under the Terms if that delay or failure is due to events or circumstances beyond our reasonable control.
13.7 Governing law and jurisdiction. The Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.