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Sairaph Mail

Terms of Service

Effective date: 25 June 2026 Last updated: 25 June 2026

These Terms of Service ("Terms") govern your access to and use of Sairaph Mail (the "Service"), operated by WELLDONE ("Sairaph Mail", "we", "us", "our"), a business established in Poland, registered address Aleja Wyzwolenia 11/6, 70-552 Szczecin, Poland, Polish tax/VAT identification number (NIP) PL8531508847. The Service is provided at the public host mail.sairaph.com.

By creating an account, completing checkout, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

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1. Definitions

1.1 "Account" means the account you create to access the Service.

1.2 "Customer", "you", "your" means the natural or legal person who registers for and uses the Service.

1.3 "Consumer" means a natural person acting for purposes outside their trade, business, craft, or profession, within the meaning of the EU Consumer Rights Directive 2011/83/EU and the Polish *Ustawa o prawach konsumenta* (Consumer Rights Act).

1.4 "Business Customer" means any Customer who is not a Consumer, including legal persons and natural persons acting for purposes within their trade, business, or profession.

1.5 "Mailbox" means an email mailbox provisioned for you on OVH infrastructure through the Service.

1.6 "Domain" means an internet domain name we register on your behalf through OVH (our registrar/hosting sub-processor).

1.7 "API / MCP" means our REST application programming interface and our Model Context Protocol server, the primary interfaces through which the Service is consumed.

1.8 "Content" means any data, email messages, attachments, recipient lists, domain configuration, or other material you transmit, store, or process through the Service.

1.9 "AUP" means the Acceptable Use Policy in Section 7.

1.10 "Sub-processor" means a third party we engage to deliver the Service, as listed in our Privacy Policy.

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2. The Service

2.1 Sairaph Mail is a software-as-a-service platform that provisions OVH-backed email mailboxes and associated domains, and provides programmatic access to send and receive email primarily via REST API and MCP, with a web dashboard for administration and debugging.

2.2 Outbound email is relayed through Amazon Simple Email Service (Amazon SES, region eu-west-1). Inbound email and mailbox storage are hosted by OVH. Message envelopes and (for a limited retention window) message bodies are cached by the Service to improve performance; the authoritative copy of your mail remains in the OVH mailbox. See Section 9 and the Privacy Policy.

2.3 The Service is provided on an "as available" basis and may evolve. Features described in our documentation may change, be added, or be removed.

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3. Eligibility and Accounts

3.1 You must be at least 18 years old to use the Service. The Service is offered to both Business Customers and Consumers, but is not directed to, and may not be used by, anyone under 18.

3.2 You are responsible for the accuracy of registration information, including the domain owner contact details used for OVH registration, and for keeping them current.

3.3 You are responsible for safeguarding your credentials and API keys, for all activity under your Account, and for enabling available security features (including two-factor authentication). You must notify us promptly of any unauthorized use.

3.4 Email verification is required before you can place a domain order, create a mailbox, or send email.

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4. Pricing and Billing

4.1 Subscription tiers. The Service is offered in the following recurring subscription tiers (prices exclusive of applicable taxes):

  • Sairaph Mail Agent — €4.99 / month, or €47.76 / year (annual prepay). Includes 1 mailbox and 1 domain.
  • Sairaph Mail Entrepreneur — €14.99 / month, or €119.88 / year (annual prepay). Includes up to 10 mailboxes and 1 domain.
  • Sairaph Mail Swarm — €89.99 / month, or €659.88 / year (annual prepay). Includes up to 100 mailboxes and 1 domain, with a fair-use outbound allowance of 300,000 messages per month; outbound volume above that allowance is billed at €0.001 per additional email.
  • Enterprise — custom terms by arrangement (contact us).

All prices are in euro (EUR) and are exclusive of applicable taxes (see Section 4.4). The amounts above are the published prices as configured in our billing system; the canonical, current price for any tier is the one shown at checkout.

4.2 Pay on signup; no trial. Payment is collected at signup and the first subscription period is charged immediately. There is no free trial. Provisioning of mailboxes and domains begins only after the first successful charge.

4.3 Auto-renewal. Subscriptions renew automatically at the end of each billing period (monthly or annual, as selected) at the then-current price, until cancelled. By subscribing, you authorize us and our payment processor to charge your payment method on each renewal.

4.4 Taxes. Prices are exclusive of VAT and other applicable taxes. Tax is calculated and added at checkout via Stripe Tax based on your billing country. Business Customers who supply a valid VAT identification number may be subject to reverse-charge where applicable.

4.5 Payment processor. Payments are processed by Stripe. We do not store full payment card numbers. See the Privacy Policy.

4.6 Price changes. We may change prices. For recurring subscriptions, we will give you at least 30 days' notice by email before a price change takes effect. Price changes apply from your next renewal. If you do not accept a price change, you may cancel before it takes effect.

4.7 Failed payments / dunning. If a charge fails, we follow our payment processor's retry process. Your Account may move to a past-due state (with a notice and a window to update payment), then to an unpaid/suspended state in which outbound sending and API send paths are disabled while inbound mail continues and data is preserved, then to cancellation. Reactivation may be available per Section 12.

4.8 Changes to plans and packages. The plans, packages, and tiers we offer — including their features, included mailbox and domain counts, usage allowances, fair-use limits, overage rates, and overall composition — may change over time. We may add, modify, or discontinue plans and the features and limits within them. Where such a change materially and adversely affects a plan you are subscribed to, we will use reasonable efforts to notify you in advance, and you may cancel before the change takes effect as described in Section 4.9.

4.9 Already-paid periods are protected. Any change to prices (Sections 4.6 and 6.5), to plans, or to packages (Section 4.8) does not affect a billing period you have already paid for. Changes apply only from your next renewal or billing period onward. For the remainder of any period you have already paid for, the price, plan, features, and limits you purchased are honored as purchased. This protection is without prejudice to suspension or termination for cause and the related no-refund rule in Section 5.6.

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5. Refunds and Right of Withdrawal

5.1 General refund policy. Except where a mandatory law provides otherwise, all fees are non-refundable. We do not refund partial or unused subscription periods, and annual prepayments are non-refundable. Cancellation stops future renewals but does not entitle you to a refund of amounts already paid.

5.2 Consumer right of withdrawal (EU/EEA). If you are a Consumer in the EU/EEA, you have a statutory right under the Consumer Rights Directive 2011/83/EU (as implemented in Poland by the *Ustawa o prawach konsumenta*) to withdraw from a distance contract within 14 days, without giving a reason. The withdrawal period begins on the day the contract is concluded.

5.3 Express consent to immediate performance and loss of the withdrawal right. The Service is a digital service whose performance (provisioning of mailboxes and domains, and availability of the API/MCP) begins immediately upon subscription. At checkout, before you are bound, we ask you, as a Consumer, to:

(a) expressly request and consent that performance of the contract begins during the 14-day withdrawal period; and

(b) acknowledge that you will lose your right of withdrawal once the contract has been fully performed, and — for a digital service — once performance has begun with your prior express consent and acknowledgment.

This reflects the digital-service / digital-content carve-out in Article 16(a) and Article 16(m) of Directive 2011/83/EU. If you provide this consent and acknowledgment and we begin performance, your right of withdrawal is extinguished to the extent permitted by law. We will confirm this consent and acknowledgment to you on a durable medium (by email) after the contract is concluded.

> Implementation requirement (product/UI, not optional): the checkout flow must capture the consent and acknowledgment in 5.3(a)–(b) as a distinct, affirmative, non-pre-ticked action, with matching pre-contractual information, and must send a post-contract confirmation on a durable medium. The on-screen wording must match this Section. This is the linchpin of the no-refund position for Consumers — see ATTORNEY_REVIEW_MEMO.md §Top Risks.

5.4 Domain registration and registrant model. Where the Service includes registering a Domain, that registration may be performed and become non-cancellable immediately upon order, and domain registration fees are non-refundable once the registration is placed with the registry. The Domain is registered with us (WELLDONE) as the registrant of record, and you receive an exclusive right of use of the Domain while your subscription is active, as set out in Section 6. On cancellation we retain the registration for the remainder of the paid annual term (Section 6.5), and an ownership transfer to you is available on request (Section 6.6); the refund rules in this Section 5 and the no-refund-on-abuse rule in Section 5.6 apply alongside that domain treatment.

5.5 Business Customers. The statutory right of withdrawal in Sections 5.2–5.3 does not apply to Business Customers. Business Customers are bound by the general no-refund policy in Section 5.1.

5.6 No refund on abuse or violation. Where your Account is suspended or terminated for abuse, breach of the AUP, breach of these Terms, or to comply with law or an upstream provider's policies (see Sections 7 and 11), no refund is due for any unused period.

5.7 Mandatory rights preserved. Nothing in this Section excludes or limits any statutory rights that, under applicable mandatory consumer-protection law, cannot be excluded or limited (including non-conformity / warranty rights under the Polish Civil Code and Consumer Rights Act). Those rights continue to apply regardless of anything in these Terms.

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6. Domain Registration and Ownership

6.1 How Domains are registered. Where you order a Domain, we register and manage it through OVH (our registrar/hosting sub-processor), using the owner-contact details you provide. Registrations are subject to ICANN policies and the relevant registry's terms and registration conditions, which flow down to you. By ordering a Domain you agree to those policies, including ICANN's Registration Data accuracy requirements and the Uniform Domain-Name Dispute-Resolution Policy (UDRP) where applicable.

6.2 Registrant of record and your exclusive right of use. On all plans, WELLDONE is the registrant of record of any Domain provisioned through the Service. For as long as your subscription is active and in good standing, you have an exclusive right of use of that Domain: you alone are entitled to use it with the Service and to direct its configuration through the Service, and we will not use it for ourselves or allow any third party to use it. This right of use is personal to your Account and is not transferable except through the ownership-transfer process in Section 6.6. We do not represent that the Domain is, in itself, legally yours; what you hold is the exclusive right to use it on the terms of these Terms, together with the right to request a transfer of the registration under Section 6.6.

6.3 DNS control. Certain DNS records required for the Service to function (for example, root MX, SPF, DKIM, DMARC, autoconfig/autodiscover, and ownership-verification records) are locked and may be automatically restored to keep the Service operational.

6.4 Domain renewal prices may change. Domain registration and renewal prices are set by the relevant registry and registrar and are subject to change. Where a Domain renewal price changes, we will give you reasonable notice by email before the change takes effect, and the change applies from the next renewal of that Domain. As with subscriptions, a price change does not affect a registry period you have already paid for (see Section 4.9). Domain fees are non-refundable per Section 5.4.

6.5 What happens on cancellation. If your subscription is cancelled or ends, we retain the Domain registration for the remainder of the paid annual registry term then in effect. During that remaining term your exclusive right of use is suspended (the Domain is no longer served by the Service), but the registration is held rather than released, so that you may either reactivate your subscription (Section 12) or request an ownership transfer (Section 6.6). After the paid annual term ends, the Domain may be set to non-renewal and may lapse unless it has been transferred or renewed by other arrangement.

6.6 Ownership transfer on request. You may, at any time while the registration is held by us, request that the Domain registration be transferred to you (or to a registrar account you nominate). Transfers are handled manually by us and are subject to registry, registrar, and ICANN rules — which may include a 60-day inter-registrar transfer lock following the initial registration or a prior change of registrant, and a change-of-registrant confirmation process. Because a transfer is a manual operation that also incurs the registrar's per-transfer trade fee, you cover the processing costs and our time for handling the transfer. That trade fee is set by the registrar and varies by top-level domain (TLD), so we do not quote a fixed transfer fee here; we will tell you the applicable cost before carrying out the transfer. Completion of a transfer is conditional on the costs being paid and on the applicable registry/ICANN conditions being met.

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7. Acceptable Use Policy (AUP) and Sending Health

7.1 Your responsibility for deliverability and reputation. You are solely responsible for the deliverability and the sending reputation of your domains and mailboxes, including the lawfulness, content, targeting, and consent status of the email you send.

7.2 Automated sending-health controls. Sairaph Mail monitors bounce and complaint rates on your mailboxes. To protect the platform and upstream providers:

(a) where a mailbox's sustained bounce/complaint rate exceeds 3%, we may automatically throttle that mailbox's outbound sending; and

(b) where it exceeds 5%, we may automatically disable outbound delivery for that mailbox until deliverability is restored.

These controls limit or pause outbound sending only. They do not remove your access to the Account, the dashboard, or stored/cached mail, and inbound mail continues to flow. Restoring deliverability is your responsibility.

7.3 Content monitoring and reservation of rights. We do not routinely monitor the content of your email. However, we reserve the right, at our discretion, to suspend or terminate sending, a mailbox, or your Account, and/or to remove or disable Content, where we reasonably believe it is necessary to: (a) address illegal use; (b) address a violation of these Terms or the AUP; (c) comply with applicable law or a lawful request; (d) comply with the acceptable-use policies of upstream providers, including Amazon SES and OVH; or (e) protect the security, integrity, or reputation of the platform or other customers.

7.4 Prohibited uses. You must not use the Service to send, transmit, store, or facilitate:

  • unsolicited bulk or commercial email (spam / UCE), or any sending that breaches applicable anti-spam or e-privacy law (including the EU ePrivacy rules, GDPR consent requirements, the Polish *Ustawa o świadczeniu usług drogą elektroniczną*, and, where relevant, the US CAN-SPAM Act);
  • high-volume cold outreach that lacks a lawful basis or required consent;
  • phishing, spoofing, social engineering, or fraud;
  • malware, ransomware, or other malicious code;
  • illegal content, or content that infringes third-party intellectual-property or privacy rights;
  • harassment, threats, or hateful content;
  • child sexual abuse material (CSAM) — we have zero tolerance; we will suspend immediately and report to the competent authorities as required by law;
  • any activity that violates ICANN/registry policies or the acceptable-use policies of OVH or Amazon SES;
  • attempts to circumvent quotas, suppression lists, rate limits, or security controls, or to gain unauthorized access to any system or data.

7.5 Suppression lists. The Service automatically suppresses recipients who hard-bounce or complain. You must not attempt to bypass suppression in a manner that breaches this AUP.

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8. Service Availability, Maintenance, and Changes

8.1 No SLA in v1. We do not offer a contractual uptime service-level guarantee for the current version of the Service. We aim for high availability on a commercially reasonable-efforts basis but do not warrant uninterrupted or error-free operation.

8.2 Maintenance. We may perform scheduled or emergency maintenance, which may temporarily affect availability. We will use reasonable efforts to communicate significant planned maintenance.

8.3 Changes to the Service. We may modify, enhance, or discontinue features. Where a change materially and adversely affects a paid feature, we will use reasonable efforts to notify you.

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9. Customer Content and Data

9.1 As between you and us, you retain all rights in your Content. You grant us a limited, worldwide, non-exclusive license to host, transmit, cache, process, and display your Content solely to provide and maintain the Service and as described in the Privacy Policy.

9.2 Message bodies are cached for a per-tier retention window (Agent: 30 days; Entrepreneur: 90 days; Swarm: 180 days; absolute cap 365 days) after which the cached body is evicted and served live from OVH on request. Message envelopes are retained to power search. The authoritative store is the OVH mailbox.

9.3 Customer-owned encrypted data is encrypted at rest with a per-customer key. Audit-log records of actions on your Account are retained as described in the Privacy Policy.

9.4 You represent and warrant that you have all rights and lawful bases necessary for your Content and your use of the Service, including consent of recipients where required.

9.5 Processor relationship / DPA. Where, in using the Service, you process personal data of your own end-users or contacts and Sairaph Mail acts as a processor on your behalf, Sairaph Mail processes that data under Article 28 GDPR. A Data Processing Agreement (DPA) containing the Article 28(3) terms, our list of sub-processors (see SUB_PROCESSORS.md and the Privacy Policy), and the applicable transfer safeguards governs that relationship. The DPA is available to Business Customers as a click-through agreement incorporated by reference at checkout, with a signed copy available on request at our privacy contact address (privacy@sairaph.com). The full text is maintained in DPA.md.

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10. Warranty Disclaimer; Limitation of Liability; Indemnification

10.1 Disclaimer. To the maximum extent permitted by law, the Service is provided "as is" and "as available", without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant any particular deliverability rate, inbox placement, or sending reputation.

10.2 Limitation of liability. To the maximum extent permitted by law, and except for liability that cannot be excluded by law (including liability for death or personal injury caused by negligence, fraud, or — for Consumers — mandatory statutory liability):

(a) neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill; and

(b) our total aggregate liability arising out of or relating to the Service, in contract, tort (including negligence), or otherwise, shall not exceed the greater of (i) the total fees you actually paid to us for the Service in the twelve (12) months immediately preceding the event giving rise to the claim, or (ii) one hundred euro (€100).

This cap reflects the price of the Service and our reasonable allocation of risk for a low-cost, self-serve SaaS. It does not apply where liability cannot be capped under mandatory law (see 10.3).

10.3 Consumer carve-out. Nothing in Section 10 limits the statutory rights of Consumers that cannot be limited under mandatory law.

10.4 Indemnification (Business Customers). You will defend, indemnify, and hold harmless Sairaph Mail and its affiliates, officers, and staff from and against third-party claims, damages, and reasonable costs arising out of: (a) your Content; (b) your use of the Service; or (c) your breach of these Terms or the AUP or of applicable law. This Section 10.4 applies to Business Customers; for Consumers, statutory rules on liability apply.

10.5 Force majeure. Neither party is liable for failure or delay due to events beyond its reasonable control, including acts of God, war, civil unrest, labor disputes, internet or utility failures, governmental action, or failures of upstream providers.

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11. Suspension and Termination

11.1 By you. You may cancel your subscription at any time from the dashboard. To delete your Account, use the in-product account-deletion flow: deletion is scheduled with a 7-day grace period during which you may cancel it. During the grace period, mailbox send/receive credentials and API keys are revoked immediately, while login remains available so you can cancel. At the end of the grace period, your per-customer encryption key is destroyed, rendering your encrypted data permanently unrecoverable, your Domains are set to non-renewal, and your subscription is cancelled.

11.2 By us, for cause. We may suspend or terminate your Account or specific features, with or without notice as appropriate to the circumstances, for: breach of these Terms or the AUP; non-payment; illegal use; risk to the platform, other customers, or upstream providers; or to comply with law. Where practicable and lawful, we will give notice and an opportunity to cure.

11.3 Effect of termination. On termination, your right to use the Service ceases. Sections that by their nature should survive (including Sections 1, 5.1, 5.6, 9.4, 10, 11.3–11.4, 13, and 14) survive termination.

11.4 Data export window (portability). You may export your data at any time while your Account is active, and throughout the 7-day grace period after you request deletion (login remains available during the grace period so you can export and/or cancel deletion). The built-in export feature produces a downloadable archive of your account data and messages; each generated archive is available via a time-limited signed download link (currently valid for 24 hours from generation), and you may generate one export per 24-hour period. Once the grace period ends and your encryption key is destroyed, export is no longer possible. See the Privacy Policy.

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12. Reactivation

12.1 If your subscription is cancelled (by you or for non-payment), your Account data is retained (subject to Section 11.1) and you may be able to reactivate by starting a new paid subscription, which restores provisioning. Reactivation does not refund amounts already paid.

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13. Governing Law and Dispute Resolution

13.1 Governing law. These Terms, and any dispute arising out of or relating to them or the Service, are governed by the laws of Poland, without prejudice to (a) the mandatory consumer-protection rules of the country in which a Consumer is habitually resident under Article 6 of Regulation (EC) No 593/2008 (Rome I), and (b) any other mandatory rules that apply regardless of choice of law.

13.2 Jurisdiction. Subject to Section 13.3, the courts of Poland have jurisdiction over disputes arising out of or relating to these Terms, and the parties submit to the courts competent for Szczecin, Poland (the seat of WELLDONE).

13.3 Consumer rights. If you are a Consumer, nothing in this Section deprives you of the protection of mandatory provisions of the law of your country of residence, or of the right to bring proceedings in, and be sued only in, the courts of your country of residence under applicable EU rules (Regulation (EU) No 1215/2012). You may also use out-of-court alternative dispute resolution (ADR). Note: the European Commission's Online Dispute Resolution (ODR) platform was discontinued on 20 July 2025 (Regulation (EU) 2024/3228) and is no longer available; instead, you may contact a competent national ADR body or your local consumer-protection authority. In Poland, the consumer-protection authority is UOKiK (*Urząd Ochrony Konkurencji i Konsumentów*), and consumers may seek free assistance from the network of municipal/district consumer ombudsmen (*rzecznik konsumentów*) or the European Consumer Centre (ECC-Net).

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14. General

14.1 Changes to these Terms. We may amend these Terms. We will post the updated Terms and, for material changes, notify you by email or in-product notice at least 30 days before they take effect. Continued use after the effective date constitutes acceptance; if you do not accept, you may cancel before the change takes effect. For Consumers, a material amendment to an ongoing contract takes effect only on your next renewal or with your acceptance, and you may terminate without penalty before it takes effect.

14.2 Notices. We will send notices to the email associated with your Account. You may contact us at support@sairaph.com.

14.3 Assignment. You may not assign these Terms without our consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets, on notice.

14.4 Severability. If any provision is held unenforceable, the remaining provisions remain in effect, and the unenforceable provision is modified to the minimum extent necessary.

14.5 No waiver. Failure to enforce a provision is not a waiver.

14.6 Entire agreement. These Terms, the Privacy Policy, the AUP, and any order or DPA you accept constitute the entire agreement between you and us regarding the Service and supersede prior agreements on the same subject.

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Contact: WELLDONE, Aleja Wyzwolenia 11/6, 70-552 Szczecin, Poland (NIP PL8531508847) — support@sairaph.com.

If you have questions about these terms, contact us at privacy@sairaph.com.

*Sairaph Mail, operated by WELLDONE, Sairaph.com.*