Open-Xchange – Email Service Consumer Terms

Introduction

These are the terms and conditions (Terms) in place for Open-Xchange's 'Everymail' email service (Services). The Services are operated by or on behalf of Open-Xchange GmbH (we, us and our), a company, registered in Germany with and our registered office at Olper Huette 3, 57462 Olpe, Germany. Our sales tax/VAT identification number is DE 814 575 465 and we are registered with the commercial register of District Court Siegen/Germany as HRB 8718.

Your use of the Services is subject to these terms and by subscribing to the Service, you agree to be bound by them. You should read these terms carefully and print a copy for future reference – a copy will be provided upon signup. Use of the website itself is subject to our Website Terms of Use. Use of your personal information submitted via the Services is governed by our Privacy Policy.

These Terms were last updated on 24 June 2025. If we change these Terms in any way, those changes will be posted on this page.

Registering with us

If we ask you to register for the Services, you may set up an account with us by completing the account registration referenced in our message. To set up an account:

you must be at least 18 years old;
you must be a resident of and provide a valid billing address within the UK; and
we may ask for proof of identity and address, and carry out credit and identity checks on you.

To register, you must provide us with accurate, complete and up-to-date contact information, including name, postal address, and telephone number. You are responsible for the information you provide to us, and you must promptly update your account information in the event of any changes to this information.

These Terms also apply to users who we do not require to set up a new account, for instance if they are transferring from another service provider.

Email address, log in, and password

Upon registration for an account with us, your account will be linked to one or more existing email addresses, and you will be asked to confirm your ownership of these addresses. The creator of the account will be considered the account administrator, and a primary email address will be used to log in. The account administrator may designate further administrators in their account, thereby authorizing any such administrator account users to take legally binding action relating to your subscription and the agreement in the administration panel (MyAccount). Additionally designated account administrators may themselves designate further account administrators with the same effect. Depending on the offered plan, each account administrator may be able to create further email addresses and authorise others (e.g. family members) to use them. There will be a separate password for each email address within an account. The passwords must be kept confidential at all times, and should only be shared with others who are authorised to access the account. You, and any additional users who access mailboxes associated with the account, are the only authorised users of the account and, accordingly, the password must not be disclosed to anyone else. You should contact us immediately upon discovering any unauthorised use of your account or error in the operation of your password(s) (see Contacting us). Any breach of these Terms and/or any use of your account by anyone to whom you disclose any password will be treated as if the breach or use had been carried out by you, and will not relieve you of your obligations to us.

Our Services

The Services involve a subscription. The subscription gives you access to the Service with a certain number of mailboxes for the period of time selected by you from the available subscription options. It is important to note that, at the end of this subscription period, your subscription will automatically renew for an equivalent period (and continue to do so), unless you have cancelled your subscription (see Subscription cancellation).

You acknowledge and agree that you are solely responsible for all use you or the other users authorised by you make of the Services.

Subscribing

Once you have registered and set up an account with us, you may subscribe to the Services by following the prompts on-screen. You may check and correct any input errors up until the point at which you submit your order to us by clicking the "Confirm Future Payments" button on the checkout page.

After subscribing, you will receive an acknowledgment from us that you have subscribed to the Services. The contract between you and us in relation to the Services ordered (Contract) will be formed when we send you this confirmation.

Charges and payment

The charges for Services are as quoted on our website from time to time. Charges include VAT. Charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation before the end of the current subscription term. We reserve the right to terminate the subscription under the current pricing towards the end of the subscription term and to offer a renewal of the subscription subject to changed pricing.

Payment for all orders must be made by direct debit, or by credit or debit card. We may from time to time offer additional payment methods, or discontinue payment methods. We accept payment by most major credit and debit cards. We can only accept credit or debit cards where the statement address is within the United Kingdom.

You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorise payment for any reason. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.

From time to time we may run promotions where we issue discount codes. These can be used in part-payment of the charges for the Service(s) ordered online, subject to the terms under which they were issued (as indicated in our relevant promotion from which you got the code). Discount codes do not stack and cannot be combined with any other discount or promotion. Discount codes may be personalised, can only be used once, and only during the period of validity stated and only in respect of the relevant Service(s) stated. Discount codes cannot be redeemed for cash. In cases of refunds for any reason whatsoever, amounts credited through discount codes will be deducted from the refunded amounts.

If your subscription to a Service renews (see Our Services), charges for each renewal period (at the same level as the preceding subscription period, unless the charges have increased, in which case we will notify you beforehand) will automatically be charged to your account, in advance, on the renewal date (or shortly before or after), unless you have already cancelled your subscription (see Subscription cancellation).

You are responsible for all charges to your account. If you have questions regarding charges to your account, you should contact us (see Contacting us).

If you do not pay us charges you owe us on time (including any fees we pay in connection with an unauthorised user-initiated chargeback or if any correct charge to your direct debit, credit card, or debit card is not authorised), we may suspend or terminate your access to any Service (and we reserve the right to pursue any available legal remedy to collect the amount owed by you). However, charges will continue to be incurred until the account is closed.

Access to the Services and Acceptable Use

All intellectual property rights in the Services (including any update or maintenance release) belong and shall belong to us, and you shall have no rights in or to the Services other than the right to use the Services in accordance with the provisions of these Terms. All intellectual property rights in the content of communications created by you will be owned by you, and you grant us a non-exclusive, worldwide licence for the duration of the Services (and for such longer period during which we retain communications you have sent as permitted or required by law), together with the right to grant sub-licences through multiple layers in connection with the provision of the Services, for the sole purpose of providing the Service.

You agree that you will not, nor allow anyone else to, use your account:

for business purposes, unless otherwise agreed in writing;
to access or attempt to access any Services which you have not subscribed to;
to interfere with or disrupt the provision of any Services or use any Services in a way that interferes with anyone else’s use of any Services;
to further any illegal, criminal, or fraudulent activity or to impersonate another person;
to breach the rights of any person (including, but not limited to rights of privacy and intellectual property rights); or
otherwise in breach of any acceptable use guidelines that we may issue from time to time.

Changes to the Service, charges and terms

As it is our policy continually to review and update our Service offerings, we reserve the right to make changes to any Services, charges and/or to these terms from time to time, provided that we will not, unless you agree, make any changes in respect of any Service you have already paid for that would significantly reduce the type or level of service you receive (except if we need to do so for security, legal or regulatory reasons) and/or increase the charges you are obliged to pay. We will always give you as much notice as we reasonably can of such significant changes on the understanding that you have the option of accepting them or cancelling your Service subscription without penalty, in which case, you should notify us that you wish to cancel your subscription (see Subscription cancellation). If you do not cancel your subscription before the date on which the changes come into effect (which we will notify to you), this will mean that you have accepted them.

Consumer cancellation rights

If you are a new paying customer and are not transferring to us from another provider which charged you for their email service, you have the right to cancel a Contract in accordance with the Instructions for Cancellation attached at the end of this document and attached to the initial subscription confirmation.

Trial Period

Without prejudice to your consumer cancellation rights, we may grant you a free trial period on some of our offerings. Any such period will form part of, or even supersede, any statutory periods for consumer cancellation rights, and will not be an additional cancellation period.

Our refunds policy

If you cancel a Contract within the statutory consumer cancellation rights period or the trial period (see above), we will process any refund due to you as soon as possible and, in any case, within 14 business days after you notify us of cancellation.

If you received any promotional or other discount when you paid, any refund will only reflect the amount you actually paid. If you were offered a free trial period and have not been charged yet, no charge or refund will occur if you cancel the Contract within that free trial period.

Refunds are made using the same method originally used by you to pay for your purchase, unless agreed otherwise. Please keep your payment details in our records updated at any time to enable seamless processing of refunds.

Subscription cancellation

If you do not wish your paying subscription to a Service to renew automatically or if you wish to downgrade your subscription to a Service at the end of the then-current subscription period you must use our unsubscribe workflow or account management panel (MyAccount) respectively at least one day in advance of renewal, or otherwise notify us (see Contacting us) at least seven days in advance of renewal. If you do not do this, charges to your account may continue until the end of the following subscription renewal period. It is your responsibility to notify us in advance of renewal.

Except for exercising your Consumer cancellation rights, you cannot cancel your subscription before the end of the then-current subscription period, unless:

the Service to which you are subscribed ceases to be available or becomes degraded so as to materially and adversely affect that Service and it is not restored within 7 days; or
we make changes, in the circumstances described under Changes to the Service, charges and terms, to which you do not agree.

In any of these cases, you should use the cancellation functionality in the respective notification, or notify us (see Contacting us) that you wish to cancel your subscription.

Service suspension and termination

We may, from time to time, with or without prior notice, temporarily suspend the operation of the Services (in whole or in part) for repair or maintenance work or in order to update or upgrade any contents, features or functionality.

Additionally, we may not be able to provide a service (or part of a service) due to, or your service may be affected by, something beyond our reasonable control. In this scenario, we can’t accept responsibility for what’s occurred and we may need to suspend or terminate your service or agreement. If we terminate due to this, you’ll only be charged up to the point of termination and any unused prepaid amount will be refunded to you.

We may, with or without prior notice, terminate any Contract or suspend and/or terminate any Service and/or your use of your account in the event that:

you have breached any of these terms;
we believe you present a risk to the security or reputation of the Services or to the experience of other users of them;
you fail to pay any correctly billed charges when due; or
you become insolvent or make composition with your creditors or petition for your own bankruptcy or have a bankruptcy petition presented against you, or are subject to any event or proceedings which are equivalent or substantially similar under any applicable jurisdiction.

If you have breached these terms, we may take such action as we deem appropriate. Such a breach by you may result in our taking, with or without notice, all or any of the following actions:

issue of a warning to you;
immediate, temporary or permanent removal of any content submitted by you;
immediate, temporary or permanent withdrawal of your right to use any Service;
legal proceedings against you for reimbursement of all recoverable loss and damage resulting from the breach; and/or
disclosure of all relevant information to law enforcement authorities as we reasonably feel is necessary.

The responses described above are not limited, and we may take any other action we deem appropriate.

Upon termination of any Contract, Services, or your account, for any reason (including where, in accordance with these terms, you cancel or do not renew your Service subscription):

all rights granted to you under these terms will immediately cease;
you must promptly discontinue all use of the Services; and
you must pay us all outstanding amounts that you owe us.

Our liability

Nothing in these terms shall limit or exclude our liability to you:

for death or personal injury caused by our negligence;
for fraudulent misrepresentation;
for breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded; or
for any other liability that, by law, may not be limited or excluded.

Subject to this, in no event shall we be liable to you for any business losses, and any liability we do have for losses you suffer arising from any Contract shall not, in respect of any 12-month period (calculated from the date of that Contract), exceed the charges payable by you for the relevant Services in that 12-month period and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Contract that is caused by events outside our reasonable control. Except as set out in these Terms, and subject always to your rights as a consumer, we do not make or give any representation or warranty as to the accuracy, completeness, correctness, reliability, integrity of the Services.

General

You may not transfer or assign any or all of your rights or obligations under any Contract. We can transfer the terms so that a different organisation is responsible for supplying the Services. We will let you know in writing if this happens and we will take steps to ensure the Services and your consumer rights will not be adversely affected. If you are unhappy with this transfer, you can cancel your subscription, and we will refund pro rata you any payments you've made in advance for Services not provided.

All notices given by you to us must be given in writing to the address set out at the end of these terms. We may give notice to you at either the email or postal address you provide to us when placing an order.

If we fail to enforce any of our rights, that does not result in a waiver of that right.

If any provision of these terms is found to be unenforceable, all other provisions shall remain unaffected.

These terms may not be varied except with our express written consent.

These terms and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract. We are required by law to advise you that Contracts may be concluded in the English language only and that no public filing requirements apply.

These terms shall be governed by English law, except that if you live in Scotland or Northern Ireland or a country of the European Union, there may be certain mandatory applicable laws of your country which apply for your benefit and protection in addition to or instead of certain provisions of English law.

Subject to the next paragraph, you agree that any dispute between you and us regarding these terms or any Contract will only be dealt with by the English courts, except that and if you live in Scotland or Northern Ireland or a country of the European Union, you can choose to bring legal proceedings either in your country or in England, but if we bring legal proceedings, we may only do so in your country.

Contacting us

Please submit any questions you have about these Terms, the Services, or any complaint or concern:

by using our support chat widget.
or by sending an email to info@everymail.com.

We may need to verify your identity before we can speak to you about your account. If the person contacting us is not the account holder and cannot reasonably present authorization, we can only provide limited information.

Instructions for cancellation

Right to cancel

You have the right to cancel this contract within 14 days without giving any reason.

The cancellation period will expire after 14 days from the day of the conclusion of the contract.

To exercise the right to cancel, you must inform Everymail, a brand of Open-Xchange GmbH, Olper Huette 3, 57462 Olpe, Germany, e-mail: info@everymail.com of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You may use the attached model cancellation form, but it is not obligatory. You can also electronically fill in and submit the model cancellation form or any other clear statement on our website [My Account Subscription Overview]. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation on a durable medium (e.g. by e-mail) without delay.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation

If you cancel this contract, we will reimburse to you all payments received from you.

We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

If you requested to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated us your cancellations from this contract, in comparison with the full coverage of the contract.

Model cancellation form

To Everymail, a brand of Open-Xchange GmbH, Olper Hütte 3, 57462 Olpe, Germany, e-mail: info@everymail.com

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract for the supply of the following service:

[[Please give name of the ordered subscription. You can find it in the order confirmation email we sent to you.]..........................................................................................

Ordered on: ........................................................................................................................................................................................

Name: ........................................................................................................................................................................................

Address: ........................................................................................................................................................................................

Signature [not required if you are emailing this form]: ..............................................................................................................................................

Date: .........................................................................................................................................................................................................

[*] Delete as appropriate.

[If sending by post, we recommend you to obtain and keep proof of postage]