Legal
These Terms of Service ("Terms") are a binding agreement between you (the customer, or "you") and Immune ("Immune", "we", "us", or "our") for access to immune.mx, the Immune dashboard, challenge pages, SMTP gateway, and related services (the "Service"). By creating an account, starting a trial, or using the Service, you agree to these Terms.
If you use the Service on behalf of an organization, you represent that you have authority to bind that organization, and "you" includes that organization.
Immune is a B2B email challenge gateway. It can intercept, hold, challenge, verify, relay, and release inbound mail according to your configuration. The Service is not a full mailbox provider, spam filter substitute for every threat, legal archive, or eDiscovery system unless we expressly agree otherwise in writing.
Features, limits, and plan entitlements are described on our pricing page and in the product. We may change non-material features as we improve the Service.
You must provide accurate account information and keep it current. You are responsible for activity under your account and for safeguarding access to authentication links and sessions. The Service is intended for professional and business use.
Customer Content means email and related data you route through Immune (headers, bodies, attachments, envelope data, challenge results, verified-sender lists, and configuration).
You retain all rights to Customer Content. You grant Immune a limited license to host, copy, transmit, store, and otherwise process Customer Content solely to provide, secure, troubleshoot, and improve the Service as described in our Privacy Policy.
You represent and warrant that:
Immune treats Customer Content as confidential and does not claim ownership of it. We do not sell Customer Content or use it for advertising.
You acknowledge that:
You should maintain backups and alternate paths for critical mail where appropriate. Pending messages may be deleted after product retention windows expire.
You will not, and will not allow others to:
We may suspend or restrict access to investigate abuse, protect the Service, or comply with law.
Paid plans, trials, and usage limits are shown at signup and in the dashboard. Trials may require a payment method. Unless stated otherwise, subscriptions renew automatically until cancelled. Fees are charged via Stripe or another processor we designate. Taxes may apply. Except where required by law, fees are non-refundable once a billing period starts.
Failure to pay may result in suspension or termination. Downgrades may reduce features or limits at the next renewal or sooner if stated in product.
The Service may rely on third parties (hosting, object storage, payment, outbound email providers, CAPTCHA, and similar). Their terms and availability affect the Service. We are not responsible for third-party services we do not control, except as required by mandatory law.
Immune and its licensors own the Service, software, branding, and documentation. These Terms do not transfer ownership to you. You may not copy, modify, reverse engineer (except to the extent mandatory law allows), or create derivative works of the Service except as needed for normal use of the interfaces we provide.
Each party may receive non-public information from the other ("Confidential Information"), including Customer Content on our side and non-public Service details on yours. The receiving party will use Confidential Information only to perform under these Terms and will protect it with reasonable care. Exceptions: information that is public through no fault of the receiver, independently developed, rightfully received from a third party without duty, or required to be disclosed by law (with notice where legally allowed).
Our Privacy Policy describes how we process personal data. It forms part of these Terms.
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 MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT EMAIL WILL ALWAYS BE DELIVERED, CHALLENGED, OR RELEASED AS INTENDED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IMMUNE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS OPPORTUNITY, EVEN IF ADVISED OF THE POSSIBILITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IMMUNE'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU PAID TO IMMUNE FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY (OR, IF YOU ARE ON A FREE TRIAL WITH NO FEES PAID, ONE HUNDRED EUROS (EUR 100)).
Without limiting the above, Immune is not liable for claims between you and your senders, recipients, employees, or users arising from delayed, blocked, released, or lost mail, or from challenge emails, except to the extent caused by our willful misconduct or as mandatory law requires.
Some jurisdictions do not allow certain limitations. In those cases, our liability is limited to the fullest extent permitted.
You will defend and indemnify Immune and its personnel against claims, damages, and costs (including reasonable legal fees) arising from: Customer Content; your routing and configuration; your violation of these Terms or law; or disputes with your users or email counterparties about mail processed through the Service, except to the extent caused by our willful misconduct.
You may stop using the Service and cancel as provided in the product or billing portal. We may suspend or terminate access for material breach, non-payment, legal risk, or harm to the Service or others. On termination, your license ends. Provisions that by nature should survive (including ownership, confidentiality, disclaimers, liability limits, and indemnity) survive termination.
We may update these Terms by posting a revised version and updating the "Last updated" date. Continued use after the effective date constitutes acceptance, except where mandatory law requires a different process. If you do not agree, stop using the Service and cancel your subscription.
These Terms are governed by the laws of France, excluding conflict of law rules. Courts located in Paris, France have exclusive jurisdiction, except that Immune may seek injunctive relief in any competent court to protect its intellectual property or Confidential Information, and except where mandatory consumer or local rules provide otherwise for eligible individuals.
These Terms are the entire agreement regarding the Service and supersede prior agreements on the same subject. If a provision is unenforceable, the remainder stays in effect. Failure to enforce a provision is not a waiver. You may not assign these Terms without our consent, except to an affiliate or successor in connection with a merger or sale of assets; we may assign to an affiliate or successor. Notices may be sent to your account email and to contact@immune.mx.
Questions about these Terms: contact@immune.mx