Terms

Welcome to CHIMA™ Business Email! These terms and conditions ("Terms") govern your use of the CHIMA™ Business Email, email software-as-a-service ("SaaS") system ("Service"). These Terms constitute a legally binding agreement between you ("You" or "Your") and CHIMA™ Business Email ("We," "Us," or "Our"). By accessing or using the Service, You agree to be bound by these Terms. If You do not agree to these Terms, You may not access or use the Service.

 

These terms and conditions ("Terms") govern Your use of the CHIMA™ Business Email service ("Service"). By using the Service, You agree to be bound by these Terms. If You do not agree to these Terms, do not use the Service.

 

Section 1. Access to the Service

 

1.1 You must be 18 years or older and have the necessary power and authority to enter into these Terms and to perform the obligations hereunder.

 

1.2 You must provide accurate, complete, and current registration information to use the Service.

 

1.3 We reserve the right to refuse or limit your access to the Service, and to suspend or terminate your access to the Service at any time, with or without cause.

 

Explanation: This section sets out the eligibility requirements for using CHIMA™ Business Email and emphasizes the importance of providing accurate registration information. It also gives us the right to refuse or limit access to the service and to terminate access at any time.

 

Section 2. Intellectual Property Rights

 

2.1 The Service and all related software, including without limitation any and all intellectual property rights in the Service and software, are and shall remain our sole and exclusive property.

 

2.2 You may not reproduce, modify, distribute, or otherwise use the Service or any software associated with the Service except as expressly authorized by these Terms.

 

Explanation: This section establishes our ownership of the Service and related software, and prohibits users from reproducing or modifying the service without our express permission. This helps protect our intellectual property and prevent unauthorized use.

 

Section 3. Use of the Service

 

3.1 You shall use the Service only for lawful purposes and in accordance with these Terms.

 

3.2 You shall not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use of the Service.

 

3.3 You shall not attempt to gain unauthorized access to the Service or any accounts, computer systems, or networks connected to the Service.

 

3.4 You shall not use the Service to send spam or other unsolicited messages, or to engage in any other activity that violates applicable laws, rules, or regulations.

 

Explanation: This section outlines the acceptable uses of CHIMA™ Business Email and prohibits users from engaging in activities that could damage the service or violate applicable laws or regulations. It also prohibits unauthorized access and the use of the service for spam or other unsolicited messages.

 

Section 4. Disclaimer of Warranties

 

4.1 The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, express or implied.

 

4.2 We make no warranty that the Service will be uninterrupted, timely, secure, or error-free.

 

4.3 We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

 

4.4 We disclaim all warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

 

Explanation: This section disclaims any warranties related to the service and emphasizes that the service is provided on an "AS IS" and "AS AVAILABLE" basis. It also clarifies that we make no warranty about the accuracy or reliability of results obtained from the service.

 

Section 5. Limitation of Liability

 

5.1 In no event shall we be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the Service, including, without limitation, damages for lost profits, loss of data, or business interruption, regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise.

 

5.2 Our total liability arising out of or in connection with these Terms and the Service shall not exceed the amount paid by you to us for the Service.

 

Explanation: This section limits our liability for any damages arising out of or in connection with the CHIMA™ Business Email terms and conditions:

 

Section 6. Indemnification

 

6.1 You shall indemnify, defend, and hold us and our affiliates, directors, officers, employees, and agents harmless from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with your use of the Service, your breach of these Terms, or your violation of any applicable law or regulation.

 

6.2 We shall have the right to participate in the defense of any such claim or action and to retain separate counsel at our own expense.

 

Explanation: This section requires users to indemnify and defend us against any claims or losses arising from their use of CHIMA™ Business Email. It also establishes our right to participate in the defense of any claim or action against us and to retain separate counsel at our own expense.

 

Section 7. Third-Party Services

 

7.1 The Service may integrate with or allow access to third-party services, including without limitation email clients, contact management software, and calendaring software.

 

7.2 Your use of any such third-party services is subject to the terms and conditions of the applicable third-party service provider, and we shall have no responsibility or liability for your use of such third-party services.

 

Explanation: This section clarifies that the service may integrate with or allow access to third-party services, and emphasizes that users' use of those third-party services is subject to the terms and conditions of the applicable provider. It also limits our responsibility and liability for users' use of those third-party services.

 

Section 8. Termination

 

8.1 These Terms shall remain in effect until terminated by either party.

 

8.2 We may terminate these Terms and your access to the Service at any time, with or without cause, without liability to you.

 

8.3 You may terminate these Terms by discontinuing your use of the Service.

 

8.4 Upon termination of these Terms, your right to use the Service shall immediately cease.

 

Explanation: This section outlines the circumstances under which these terms may be terminated, including by us or by the user. It also emphasizes that termination of the terms will result in the user's loss of access to the service.

 

Section 9. Governing Law and Jurisdiction

 

9.1 These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which CHIMA™ Business Email is registered without regard to its conflict of law provisions.

 

Explanation: This section establishes the governing law and jurisdiction for the terms, emphasizing that they will be governed by the laws of the jurisdiction in which CHIMA™ Business Email is registered.

 

Section 10. Dispute Resolution

 

10.1 Any dispute arising out of or relating to these Terms or the Service shall be resolved by binding arbitration in accordance with the rules of the jurisdiction in which CHIMA™ Business Email is registered.

 

Explanation: This section establishes a mandatory dispute resolution process for any disputes arising from these terms or the service, requiring that disputes be resolved through binding arbitration in accordance with the rules of the jurisdiction in which CHIMA™ Business Email is registered.

 

Section 11. Entire Agreement

 

11.1 These Terms constitute the entire agreement between you and us with respect to the Service and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and us.

 

Explanation: This section clarifies that these terms represent the entire agreement between the user and us regarding the service and that they supersede any prior or contemporaneous agreements between the parties.

 

Section 12. Assignment

 

12.1 You may not assign these Terms or any rights or obligations hereunder, whether by operation of law or otherwise, without our prior written consent.

 

Explanation: This section establishes that the user may not assign these terms or any rights or obligations under these terms without our prior written consent.

​

Section 13. Waiver and Severability

 

13.1 Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

 

13.2 If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms shall remain in full force and effect.

 

Explanation: This section clarifies that our failure to enforce any provision of these terms does not waive our right to enforce it in the future. It also clarifies that if any provision of the terms is found to be invalid or unenforceable, the remaining provisions of the terms will still be valid and enforceable.

 

Section 14. No Partnership or Agency

 

14.1 Nothing contained in these Terms shall be deemed to create a partnership, joint venture, or agency relationship between you and us.

 

Explanation: This section clarifies that these terms do not create a partnership, joint venture, or agency relationship between the user and us.

 

Section 15. No Third-Party Beneficiaries

 

15.1 These Terms are for the benefit of you and us and not for the benefit of any third party.

 

Explanation: This section clarifies that these terms are only for the benefit of the user and us, and not for the benefit of any third party.

 

Section 16. Headings

 

16.1 The headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.

 

Explanation: This section clarifies that the headings in these terms are only for convenience and do not affect the interpretation of these terms.

 

Section 17. Counterparts

 

17.1 These Terms may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

 

Explanation: This section clarifies that these terms may be executed in counterparts, with each counterpart considered an original and all counterparts together constituting one and the same instrument.

 

Section 18. Modifications to the Service

 

18.1 We reserve the right to modify, suspend, or discontinue the Service at any time, with or without notice, without liability to you.

 

Explanation: This section establishes that we have the right to modify, suspend, or discontinue the service at any time, with or without notice to the user, and without any liability to the user.

 

Section 19. Export Compliance

 

19.1 You shall comply with all applicable laws, regulations, and requirements of any government authority related to the export of the Service or any software associated with the Service.

 

Explanation: This section clarifies that the user must comply with all applicable laws, regulations, and requirements related to the export of the service or any software associated with the service.

 

Section 20. Notice

 

20.1 Any notice or other communication required or permitted under these Terms shall be in writing and shall be deemed to have been given when delivered personally, sent by confirmed email, or sent by registered or certified mail, postage prepaid, to the address of the party to be notified as set forth in these Terms.

 

Explanation: This section outlines the methods by which notices or communications under these terms should be delivered or sent.

 

Section 21. Right to Alter Terms

 

21.1 We reserve the right to modify these Terms at any time, with or without notice. Your continued use of the Service following any such modification shall constitute your acceptance of the modified Terms.

 

Explanation: This section establishes our right to modify these terms at any time, with or without notice to the user. It also clarifies that the user's continued use of the service after modification of the terms constitutes acceptance of the modified terms.

 

Section 22. Contact Us

 

22.1 If you have any questions about these Terms or the Service, please contact us at Support@ChimaEmail.com.

 

Explanation: This section provides users with our contact information in case they have any questions or concerns regarding the terms or the service.

 

Section 23. Acceptance of Terms

 

23.1 Your use of the CHIMA™ Business Email service constitutes your acceptance of these terms and conditions. By using the service, you agree to be bound by these terms and conditions each time you access or use the service.

 

Explanation: This section explains that by using the CHIMA™ Business Email service, you agree to be bound by these terms and conditions each time you access or use the service.

 

Section 24. Further Assurances

 

24.1 You shall execute and deliver such further instruments and take such further action as may be reasonably requested by us to carry out the intent and purpose of these terms and conditions.

 

Explanation: This section explains that you may be required to take additional actions or sign additional documents to ensure that the terms and conditions are fully implemented and enforced.

 

Section 25. Language

 

25.1 These terms and conditions may be provided to you in multiple languages, but the English language version shall control in the event of any conflict or discrepancy between the English language version and any other version.

 

Explanation: This section explains that these terms and conditions may be provided in multiple languages, but that the English language version shall be considered the authoritative version in the event of any conflicts or discrepancies.

 

Section 26. Electronic Signature

 

26.1 Your electronic signature on these terms and conditions, or your use of the CHIMA™ Business Email system, shall be deemed to be your signature for any and all purposes.

 

Explanation: This section explains that your electronic signature on these terms and conditions, or your use of the CHIMA™ Business Email system, is considered to be your signature for any legal purposes.

 

SUMMARY

 

These legal terms and conditions are intended to provide more detail and clarity around the use of CHIMA™ Business Email, while also protecting our company's intellectual property and limiting our liability. However, please note that these revised terms and conditions are not a substitute for legal advice. We strongly encourage you to seek the advice of an attorney to ensure that these terms and conditions are appropriate for your specific needs and jurisdiction.

​

Please note that the explanations included in these Terms of Service are provided for informational purposes only and are not legally binding. The legally binding terms are contained in the actual language of the Terms of Service itself.

 

Additionally, we recommend that users review these terms carefully before using the service, and that they periodically check for updates or modifications to the terms. By continuing to use the service, users are agreeing to be bound by the latest version of these terms and conditions.

 

We also recommend that users keep their registration information up-to-date and secure, and that they use the service only for lawful purposes and in accordance with these terms and conditions. Any violation of these terms or any applicable laws or regulations may result in suspension or termination of the user's access to the service, and may also result in legal consequences.

 

Finally, we want to emphasize that we take the security and privacy of our users' information very seriously. We have implemented appropriate technical and organizational measures to protect against unauthorized access to, alteration of, disclosure of, or destruction of user information. However, we cannot guarantee that our security measures will prevent all unauthorized access, and users should take appropriate steps to protect their own information and devices.

 

Thank you for using CHIMA™ Business Email.

 

END OF TERMS AND CONDITIONS