Welcome to Kolab Now, provided by Apheleia IT AG (“we”), a software freedom company from Bern, Switzerland that is focused on the development of Open Source technologies for collaboration.
The Kolab Now Hosted Service (the “Service”) provides such collaboration technologies as developed by Apheleia IT AG to individuals, groups, organizations and businesses (“you”). These currently include secure email, calendaring, personal address books and tasks lists, but we intend to add other capabilities over time. The service can be accessed through a variety of Open Standards with any modern web browser, mobile phone/tablet or desktop. The standard package includes SSL secured access via HTTP, POP, IMAP, CalDAV, CardDAV, and WebDAV. Optionally, users can also connect their mobile devices via ActiveSync.
The site Terms of Service; Didn’t Read independently reviewed these terms, which may help you to understand them better:
The terms of service treat you fairly, respect your rights and follow the best practices.
By making use of the Service, you agree to the following terms. Please ensure you read them carefully.
We provide the Service on software we have developed, participated in the development in, as well as software that was developed by third parties. All that software is Open Source / Free Software according to the definitions of the Open Source Initiative (OSI) and the Free Software Foundation (FSF). This is essential to protect your freedom to leave: There are no proprietary components that would stop you from setting up your own server for the same purpose, and migrate your data from Kolab Now to that server.
You are our customer. All of the Service is paid for by your monthly fee. There are no third party revenue streams, no selling of advertising or personal data. We are at your service.
Unlike other providers of similar services and this software, we also pay the developers of the software, which Apheleia IT AG releases as Open Source / Free Software. So by choosing Kolab Now, you are allowing key contributors to your favourite Open Source applications to focus on what they do best: Developing more software, which is then made available to all.
Your obligations include the payment of your monthly fee (according to the price list), and to use this service only as permitted by law.
Do not abuse this Service to invade the privacy and violate the rights of others. Abuse also includes the sending of unsolicited email (“Spam”) for which you explicitly agree to pay a compensation of 0.01 CHF per incident and recipient by making use of the Service.
You must keep your account password and information confidential and not share it with any other person. If you learn of unauthorized use of your password or account, please contact us immediately.
We may at times inform you about service windows and administrative matters but will try to keep that mandatory communication to a minimum. In case of urgency we may abstain from informing you about maintenance work.
This Agreement takes effect with the electronic confirmation of your subscription issued by Apheleia IT AG to you.
This Agreement shall remain in force for an indefinite period of time. It can be terminated by either Party with a notice period of one month to the end of any calendar month.
This Service is subject to the national laws of Switzerland and we do our best to provide you with the maximum level of privacy in this legislation. That means there will be no access to your data by third parties without a duly authorized warrant issued by a Swiss judge.
We will only keep the minimum of logs and debug information necessary to ensure that we can improve the service and resolve issues that may have occurred. The Service employs a state-of-the art security-centric design of which we make use of to provide the Service.
Failure is always a possibility, though, and you have the obligation to ensure that you hold additional off-site copies of your data in the Service. Due to the storage concepts of the Service, the easiest way to maintain such copies are off-line/disconnected IMAP copies of all your data.
We provide our Service using a professionally and commercially determined level of skill and care to the best of our means and resources available to this service.
Other than as expressedly set out in these terms Apheleia IT AG does not make specific promises about the Service. This includes in particular the data within the Service, the specific functions of the Service, or its reliability, availability, or ability to meet your needs. We provide the services “as is”.
Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by applicable law, we exclude all such warranties.
Each Party shall without limitation be liable for damages caused by injury or death of any person employed or contracted by the other Party which is caused by any breach of contract.
To the extent permitted by the law, the liability of Apheleia IT AG and its staff for lost profits, revenues, or data, financial losses or any other indirect, special, consequential, exemplary, or punitive damages is excluded. In particular, our liability for slight negligence, as well as our liability for auxiliary persons, is excluded.
To the extent permitted by law, the total liability of Apheleia IT AG for any claim under these terms, including for any implied warranties, is limited to the amount paid in the past year of usage of the service.
Never will Apheleia IT AG be liable for any loss or damage that has not been adequately foreseeable.
You will indemnify and hold harmless Apheleia IT AG, our affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgements, litigation costs and attorneys’ fees.
These terms and the Service prices may need to be modified in the future to adjust to changes in the Service, to adhere to applicable legislation or to reflect economic necessities. When we change terms or prices, we will notify you by email to your main account in this Service. After receiving that email you have 30 days to respond (a) by informing us that you agree to the new terms or prices, (b) by informing us that you disagree, in which case Apheleia IT AG may on a case to case basis agree to continue providing you with the Service under the previous terms and/or prices, or (c) by giving us notice that you terminate this agreement regardless of the remaining duration you had agreed to under the previous terms. Continuation of use after 30 days will constitute agreement to the new terms.
If you violate these terms, Apheleia IT AG may seek to rectify the situation, including suspension and/or discontinuation of your account. We will aim to be fair and proportionate. Also, Apheleia IT AG reserves the right to take measures belatedly against violations even if we decided to take no immediate measures.
This Agreement constitutes the entire agreement between the Parties regarding this subject matter. All amendments or additions to the Agreement must be made in writing.
If any part of these terms shall be deemed invalid or unenforceable that part shall be replaced by a valid, enforceable term that comes closest to the intended meaning and leave the remainder of these terms unaffected.
These terms are subject and governed by the substantial laws of Switzerland with the exclusion of the Vienna Convention on the International Sale of Goods dated April 11, 1980. Disputes arising under or in connection with this Agreement shall be exclusively subject to the jurisdiction of the courts of Zurich, Switzerland. Mandatory legal venue for consumer contracts is reserved.
Version: 2013-07-25