Terms of useLast modified: April 28th, 2025 The company MAILO - SAS with a capital of 75,000 euros - RCS No. 851585547 (email: contact@mailo.com) (hereinafter referred as "Publisher") publishes the electronic service Mailo on the primary website www.mailo.com. Any user (hereinafter "User") wishing to benefit from the services offered by Mailo shall, after reviewing the terms of these conditions of use of Mailo services (hereinafter "Terms of Use"), accept by validating the registration form. These Terms of Use are intended to define the rights and obligations of the User of Mailo services (the "Services"), as of the Publisher. 1. Services descriptionThe Publisher provides Users with a choice of interactive services, applications and organization tools (hereinafter "Services"), including email boxes, online document storage space, address books, calendars, office suite, chat, videoconference services, SMS, the purchase of Internet domain names and web hosting. The services described below are the main services offered by Mailo and are not exhaustive. These Services are intended either for private individuals or families (hereinafter referred to as "Individuals"), or for professionals, associations, educational establishments, companies, self-employed professionals, self-employed entrepreneurs, public establishments, government departments, etc. (hereinafter referred to as "Professionals"). 1.1. Mailo accountA Mailo account (hereinafter "Account") is required to access the Services. 1.1.1. Right of accessEach User is the owner of the Account allowing him to access Services. The User declares to be at least 16 years old. Under 16 years old can ask a parent or a teacher to create a secure Mailo Junior account or a standard Mailo account. 1.1.2. Account accessThe User has an email address / password combination (referred to as "Identifiers") which enables them to authenticate themself in order to access the Services. The email address may be an address on a domain name belonging to the Publisher or to the User, or a valid external email address. An account identified by an external email address and for which no password has been defined must use the authentication by email method to access the Service. The User can opt at any time for the authentication by password by choosing a password. 1.1.3. Types of Accounts1.1.3.1. For IndividualsMailo provides 3 types of accounts reserved exclusively for Individuals. 1.1.3.1.1. Mailo Free AccountThe Mailo Free Account allows the User to use the Services free of charge. Advertising is necessary for the Publisher to offer Mailo Free. The Publisher entrusts the management of the banners to various advertising agencies, hereinafter referred to as "Agencies". The Publisher specifies to the Agencies that it does not accept any aggressive, audible or "adult" advertising. The Agencies may have other agencies as partners. 1.1.3.1.2. Mailo Junior AccountMailo Junior accounts are reserved exclusively for children under the age of 16. A parent or teacher can create a secure Mailo Junior account for a child. This account will be supervised as part of a Mailo Family space or a Mailo Edu space described in paragraph 1.3. The parent or teacher wishing to authorise the child's access to the Services must help the child to configure his or her account, supervise his or her access to the Services and determine the applications and content that they deem suitable for the child. By authorising the child to access the Services, the parent or teacher acknowledges and accepts that the Services may include email, community and social networking services. Mailo Junior accounts have adapted interfaces and contain no advertising. 1.1.3.1.3. Mailo Premium AccountUsing a Mailo Premium account requires a Premium subscription. It grants specific features and capacities: Having taken out a Premium subscription ensures that the User will have their Mailo email address for life, even if they subsequently stop their subscription. 1.1.3.2. For ProfessionalsMailo provides a type of account reserved exclusively for Professionals. Mailo Pro AccountUsing a Mailo Pro Account requires a Pro subscription. It allows to benefit from specific functions and capacities, determined as part of the subscription taken out. 1.1.4. Account termination1.1.4.1. Finality of any terminationAny termination of an account triggers its deletion as well as the removal its content and, if applicable, the associated Mailo email address and aliases attached to it. It is therefore strongly advised that Users regularly back up their user data on a separate support. Subscriptions that have not expired, as well as SMS credits and other prepayments that have not been used at the time of termination, are lost and will not be reimbursed by the Publisher under any circumstances. The User explicitly waives the Publisher's liability in the event of termination of their Account. 1.1.4.2. Termination by the UserThe User may close their Account at any time if they wish. All their data will then be permanently deleted. Subject to availability, an Account deleted by the User may be recreated, either by the User or by another User, but without the possibility of recovering its content. 1.1.4.3. Termination of a Mailo Free Account due to inactivityIf a Mailo Free account is not accessed (via the web or a synchronization protocol) for more than one year (365 days), it will be deleted. However, no Mailo Premium account or formerly Mailo Premium account and no Mailo Pro account will be deleted for inactivity. Subject to availability, a Mailo Free Account deleted on the basis of inactivity may be recreated by the original User or another User, but without the possibility of recovering its content. 1.1.4.4. Termination for non-extension of a Mailo Pro Account subscriptionIf the subscription to a Mailo Pro Account is not extended, the account remains accessible for two (2) months, during which it is no longer possible to send or receive messages or add files to the virtual disk. After these two (2) months, the account, its data and content, as well as the email address, are deleted. 1.1.4.5. Termination by violation of the Terms of UseThe Publisher reserves the right, without formalities and in its full right, to terminate the agreement to use the Services and delete the User's Account without compensation, in the event of a breach of any of the clauses in these Terms of Use. 1.1.4.6. Termination on an Account of an Individual following a deathIn the event of death, and upon production of the following supporting documents, the Account may be deactivated: death certificate of the Account holder, identification details of the Account holder, copy of the identity card of the person making the request and proof of the link with the Account holder enabling them to take such action. The Account's content may be transmitted to an entitled person as defined by Article 734 of the French Civil Code, at the latter's request, upon production of their identity document and one of the following documents proving their status as a beneficiary: a certificate of inheritance, a notarised deed of notoriety or a court decision. The Publisher reserves the right to request any other document that may be useful in verifying entitlement. The Publisher will proceed to the definitive deletion of the Account once the request for termination or transmission has been made in accordance with the above terms and conditions. The Publisher shall not be held liable if, on the date of the claimant's request, the content is no longer accessible due to the inactivity of the Account for more than one year. 1.2. Application features1.2.1. Email serviceThe Mailo email service allows the User to send and receive emails, using their dedicated email address. The User has a mailbox in which they can keep received, sent and draft messages (hereinafter referred to as "Mailbox"). The User can use the IMAP4 protocol to synchronize their Mailbox with an email software or application. Sending messages is possible via an SMTP relay using the User Identifiers. Use of the POP3 protocol is reserved exclusively for Users who have taken out a subscription. 1.2.1.1. Mailbox storage capacityThe Mailbox has a maximum storage capacity. When the maximum capacity is reached, no more messages can be stored and new emails are refused. In this case, the sender of the message receives a notification of non-receipt. To avoid this situation, it is the User's responsibility to increase their maximum capacity by activating a subscription and/or to regularly delete messages and attachments received and/or sent, as the Publisher cannot be held responsible for the consequences of mailbox saturation. 1.2.1.2. Attachments and files as linkWhen sending an email, the maximum total size of email attachments is limited to 50 MB for Mailo Premium and Mailo Pro accounts. It is limited to 25 MB for Mailo Free accounts. However, it is possible to send larger files as links: Mailo adds a link to the message allowing the recipient to download them. The download is available for 30 days. The maximum size of files sent by link is 1 GB for Mailo Premium and Mailo Pro accounts and 500 MB for Mailo Free accounts. 1.2.1.3. Sending registered emailsThe User can send a registered email. The message is then stored in its Mailbox and a notification message, containing a link to access the message, is sent to the recipient(s). The User can at any time consult the registered messages they sent, know whether the recipients have read the message and, if so, when. The User can protect each registered message by a password. In this case, the recipient can only read the message if they know this password. Warning: this password should not be identical to the one chosen by the User for their Identifiers. 1.2.2. Address bookThe address book service allows the User to store their contacts: names, email addresses, phone numbers, postal addresses, photos and many other elements of information. Various synchronization protocols enable the User to synchronize address book data with their devices. 1.2.3. CalendarThe calendar service allows the User to manage their schedule in a calendar stored in their Account and accessible from anywhere on the Internet. The User can store events, tasks or simple reminders. Users can have one or more calendars, which they can share with other Users. Various synchronization protocols enable the User to synchronize calendar data with their devices. 1.2.4. Storage of documents and photosThe storage service known as "Virtual disk" enables the User to store all types of documents, files from a computer, smartphone or tablet or attachments received by email in their Account. These can then be accessed from anywhere on the Internet. The virtual disk has a maximum capacity that can be increased by activating a subscription. When the maximum virtual disk size is reached, it is no longer possible to store new files in the virtual disk. The User can access documents in their virtual disk on WebDAV or FTP. 1.2.5. Office suiteUsers who need to edit documents can take out Mailo subscriptions (see "Subscriptions" section below) to use the OnlyOffice office suite, which is integrated into the Services. 1.2.6. Instant messagingUsers may use an instant messaging service, known as "Chat", and chat with each other live. To enable the use of this service, the Publisher allows the User to share their connection status (offline or online) with their contacts. 1.2.7. Video callsUsers can make 1to1 video calls to other Users using the Rainbow solution integrated into the Services. 1.2.8. VideoconferencingUsers who require videoconferencing can take out Mailo subscriptions (see "Subscriptions" section below) to use the Rainbow solution integrated into the Services. 1.2.9. Sending SMS messagesThe User may purchase SMS credits to send SMS messages to mobile phones or to receive SMS notifications on their mobile phone notifying arrival of new emails, alerting them about new events in their calendar or reminding them of tasks to be carried out. 1.3. Mailo spaces1.3.1. Creating a Mailo spaceEach User may create one or more Mailo spaces (called Pro, Family, Asso, Edu, etc.) (hereinafter "Space(s)"), of which they are then automatically a manager (hereinafter "Manager"). They may appoint other Managers. The Manager has a specific interface enabling them to manage a set of Accounts for their organisation or family. Various services are offered as part of the Spaces, the main ones of which are listed below. 1.3.2. Management of accounts in a SpaceThe Manager can create Mailo Accounts and attach existing Mailo Accounts to the Space. In certain configurations, the Manager can change Users' passwords and delete their Accounts. Special case of the Mailo Junior accountsThe Manager of a Mailo Family or Mailo Edu space can create Mailo Junior accounts. Mailo Junior accounts can only receive emails from senders validated by the Manager. They can also only send emails to validated contacts. When a contact is added to the address book in the Mailo Junior account, a notification is automatically sent to the Manager for validation. If the Manager wishes, the Mailo Junior account can be reconfigured as a standard Mailo account, without child protection. 1.3.3. Internet domain name managementThe Manager may purchase or transfer a domain name. They may also declare a domain name managed by a third-party registrar. A domain name purchased, transferred or declared in a Space allows: 1.3.4. Website hostingThe Manager may host a website as part of a Space. The website may use PHP technology and a MySQL database provided. The Manager may use any website creation software based on PHP technology. The website can be updated from the web interface or from an FTP interface. 2. Subscriptions2.1. Premium, Premium+ and Premium Family subscriptionsThe Premium, Premium+ and Premium Family subscriptions are exclusively for Individuals. 2.1.1. Premium subscriptionThe Premium subscription provides a Mailo Premium account with a capacity of 20 GB for email and 5 GB for the Virtual disk, and a dedicated hotline premium@mailo.com. 2.1.2. Premium+ subscriptionsPremium+ subscriptions provide a Mailo Premium account with storage capacity of 50 GB, 100 GB, 250 GB or 500 GB, shared between the mailbox and the virtual disk, and a dedicated hotline premium@mailo.com. 2.1.3. Premium Family subscriptionThe Premium Family subscription provides 5 Mailo Premium accounts with a capacity of 20 GB for email and 5 GB for the virtual disk. These 5 accounts must belong to the same Mailo space managed by the Manager. The accounts benefit from a dedicated hotline premium@mailo.com. 2.2. Pro subscriptionsPro subscriptions are dedicated to Professionals. They provide several Mailo Pro accounts (from 2 to several thousand) with global Mail&Cloud storage capacity shared between all the accounts. These accounts must belong to the same Mailo space, managed by the Manager. 2.2.1. Pro Start subscriptionThe Pro Start subscription provides 2 Mailo Pro accounts and 50 GB shared storage capacity, which can be increased by 100 GB modules by activating an option, an office suite and a priority hotline hotlinepro@mailo.com.
2.2.2. Pro 5 subscriptionThe Pro 5 subscription provides up to 5 Mailo Pro accounts and 100 GB shared storage capacity, which can be increased by 100 GB modules by activating an option, an office suite and a priority hotline hotlinepro@mailo.com.
2.2.3. Pro Modulo subscriptionThe Pro Modulo subscription allows to activate flexibly one or several modules of 10 Mailo Pro accounts, along with one or several modules of 100 GB of shared storage capacity. The accounts benefit from an office suite and priority hotline hotlinepro@mailo.com.
2.2.4. Option for video accountsThe Manager who has taken out a Pro subscription can activate the option "Video Account" on the Mailo Pro accounts of their choice. Video accounts can launch video conference calls. 2.3. Renewal and modification of subscriptionsWhen a User's subscription expires, the User is informed by email of the need to renew it in order to continue to benefit from its advantages. Users who have taken out a subscription may change it to another subscription. In this case, the subscription expiry date will be automatically recalculated on the basis of the respective prices of the old and new subscriptions. For Pro subscriptions, exceeding the storage capacity will result in an automatic upgrade to the next higher capacity. The expiry date of the subscription is then automatically recalculated and repositioned. 2.3.1. Non-renewal of Premium, Premium+ and Premium Family subscriptionsIf a Premium, Premium+ or Premium Family subscription is not renewed, the User continues to benefit from the features of the subscription for a few days. After this latency period, the account(s) automatically become Mailo Free accounts, with in particular a mailbox capacity reduced to 1 GB. However, the User retains their email address(es) for life. 2.3.2. Non-renewal of Pro subscriptionsIf a Pro subscription is not renewed, the User continues to benefit from the features of the subscription for a few days. Once this period has elapsed, the Mailo Pro account(s) will be blocked. They are deleted with all their data after two (2) months. 2.4. PaymentTo take out a subscription to the Services online, the User may choose either to pay by credit card or via a PayPal account, or to call a surcharged phone number. Any claim relating to the payment transactions referred to in this paragraph should be sent to contact@mailo.com or to the postal address referred to in the preamble to these Terms of Use. The User may also contact the Publisher on the Mailo website (www.mailo.com), under Contact us. 2.4.1. Payment by credit card or PayPalRegardless of their country of residence, the User can take out a subscription by paying by credit card or PayPal account via the secure Verifone e-commerce Paybox solution (www.paybox.com). To do so, the User is redirected to the Paybox site where they must follow the instructions provided online and take notice, where applicable, of the special conditions applicable to this method of payment. 2.4.2. Payment by surcharged phone callThe User may use the surcharged phone call payment solution (hereinafter "Surcharged Call") to purchase or renew a Premium subscription for a period of 2 months. Amounts due for Surcharged Calls are billed and collected by the User's telephone operator. The User is invited to refer to the conditions applicable to surcharged communications defined by their telecommunication operator. This payment solution is offered by the Publisher in collaboration with its partner Mobiyo (www.mobiyo.com). 2.5. Waiver of the right of withdrawal for IndividualsIf the User is an Individual and is recognised as a "consumer" within the meaning of the French Consumer Code, the User acknowledges and accepts that the Publisher will provide the Services in full, from the time of purchase of a Premium, Premium+ or Premium Family subscription. The User declares that they understand and accept that this full access may begin before the full expiry of the withdrawal period available to consumers. In this context, they expressly waive their right of withdrawal, in accordance with Article L221-28 of the French Consumer Code. Consequently, the cost incurred by the Individual User in accessing Mailo subscriptions will not be reimbursed by the Publisher. 2.6. Changes to the cost of servicesThe Publisher reserves the right to change the price levels applicable to Mailo subscriptions. Such changes may be made without prior notice or compensation from the Publisher. If the Services offered to the User are subject to a fixed period and a fixed price, that price will remain in force during that period. The User must accept the new offer and the new price when renewing their subscription(s).> 3. Privacy and personal dataThe Publisher undertakes to respect and protect User's privacy and personal data according to the rules set out in the Mailo Privacy Rules. These rules, which the User is invited to consult, are an integral part of these Terms of Use.
They aim to inform the User in detail about the nature and the processing of personal information that the Publisher is led to handle. In particular, they explain to the User how they can access their data, update it, download it and delete it. All transactions on personal data are carried out in compliance with the regulations in force in France, including Law No. 78-17 "Informatique et Libertés" of January 6, 1978, modified in compliance with the European Data Protection Regulation (GDPR), effective since May 25, 2018. Exchanges are subject to the secrecy of correspondence, as defined in Articles 226-15 and 432-9 of the French Penal Code and Article L 33-1 of the French Post and Electronic Communications Code. 4. SecurityThe Publisher implements all the technical means at their disposal to ensure the security of the technical platform and the preservation of data. These means include limitations to prevent or prevent misuse of the Services. 4.1. Protection tools availableThe Publisher provides the User with an antivirus and antispam to secure their Mailbox. These tools allow them to identify malicious emails, spyware and spam. They are activated by default and configurable. 4.2. Services restrictionsTo ensure the security of the Services, the Publisher puts in place a series of permanent or temporary restrictions. 4.2.1. Sensitive attachmentsSome attachments (extensions: .bat, .com, .prf, .pif, .scr, .vbs, .vbm) are frequently used by virus to spread. As a security measure to prevent the spread of unidentified viruses, these types of attachments are prohibited from being sent or received within the Mailo Services. Accordingly, any email, incoming or outgoing, with an attachment in one of these formats will not be delivered to the recipient. A message notifying the sending failure will be sent to the User or to those who try to send him such attachments. The Publisher shall not incur any liability for non-delivery of a message containing the aforementioned attachments. If the User wishes to send these types of attachments for legitimate reasons, they can either: 4.2.2. Account creation restrictionThe accounts must be created manually by the User. It is strictly forbidden to automate account creation. An IP address automatically creating accounts will be systematically blocked. 4.2.3. IP address blockingIt is forbidden to try to get into the Mailo account of another User, regardless of the method used. Any IP address that made fraudulent attempts to hack an account will be automatically blocked. 4.2.4. Hacked accountsIt is possible that a hacker attacks the account of a User. This may occur in
particular: In this case, it is likely that the hacker will use the account to send spam messages on the Internet. Therefore, the Publisher reserves the right to temporarily block the transmission of messages from that account until the rightful owner has taken possession of their account and has changed the password. 4.2.5. Restriction of IMAP synchronizationThe Publisher reserves the right to restrict or block the use of the IMAP synchronization protocol in the event of excessive demand on the servers by the User's mail client. 5. User behaviourThe User agrees to respect the following rules. Otherwise, the Publisher reserves the right to take all appropriate measures, including blocking and closing the account, in order to terminate the User's activity. If necessary, the Publisher may file a complaint against the User who violates these rules. 5.1. Identity theftIt is prohibited to create an account attempting to impersonate another person or entity. It is prohibited to create an account whose name notoriously refers to a third party without authorization from this party. An account violating either of these rules will be systematically removed. 5.2. Loss or theft of IdentifiersThe User ensures the privacy of its Identifiers. Any loss, misuse or unauthorized use of the Identifiers and their consequences, are the responsibility of the User. In all cases mentioned above, the User agrees to immediately notify the Publisher by email confirmed by registered mail so that the Publisher can immediately suspend access to services from these Identifiers. 5.3. Legitimate use of the ServicesThe User agrees to use the Services legitimately. The Publisher will block without notice the Account of any User who has broken one or more of the following rules. Among other things, it is forbidden to use the Services to: For Mailo Free and Mailo Premium accounts, it is forbidden to use the Services to send emails for promotional or advertising purposes. More generally, it is forbidden to violate, intentionally or not, any existing laws and/or regulations. Users agree to comply with all applicable rules in the country where they use the Services and from which they transmit content via the Services. The Publisher reserves the right within a legal framework to prohibit the transmission or reception of messages whose content would not be consistent with ethics and commonly accepted use of online services. The Publisher reserves the right to block Accounts whose use is in any way detrimental to Mailo's image. 5.4. Site WebThe User is responsible for the content of the website that is online at Mailo. The Publisher will block without notice the Account of any User who violates one or more of the rules set out in the previous paragraph and will make the website inaccessible. The Publisher reserves the legal right to close a website whose content would not be consistent with ethics and commonly accepted use of online services. 6. Warranties and Disclaimers6.1. Limitations of the InternetThe User declares to be aware of Internet characteristics and limitations described below and recognizes: As a result of the above, and in full knowledge of the characteristics of the Services and of the Internet, the User waives the Publisher liability concerning one or more of the facts mentioned above. 6.2. Deleted dataAll data are deleted permanently and cannot be recovered. This is particularly valid for email, virtual disk, adress book and calendar. The User is informed that POP3 mail clients can, if so configured, delete all messages from their inbox after downloading them locally. The Publisher cannot be held responsible. As a result of the above, the User hereby expressly disclaims any liability to the Publisher concerning one or more facts or events mentioned above. 6.3. Services availabilityThe Services are available round the clock, 7 days out of 7, 365 days a year. The Publisher will endeavor to maintain continuity of Services and subscribes in this respect to an obligation of means. However, the Publisher may interrupt the Services for repair and maintenance of equipment as well as the correction of any defects in the software. The Publisher undertakes to make available to the User a sufficient network capacity for the normal flow of traffic and to implement all the means at its disposal to best ensure the transport and storage of messages and data by the Services. The Publisher will not be held liable or deemed to have breached these Terms of Use, for any delay or failure, when the cause of the delay or failure was due to Force Majeure as defined by case law including the unavailability of materials, supplies, spare parts, personal or other equipment and the interruption, suspension, reduction or disruption of electricity and any telecommunications network interruptions. The unavailability of the Services does not give right to compensation. 6.3.1. Services availability - Complement applicable to Pro subscriptionsThese conditions apply exclusively to Pro subscriptions; they complement the previous paragraph. The Publisher must acknowledge by email receipt each request sent by the User to Customer Support at hotlinepro@mailo.com within the following timescale: From the date of this acknowledgement of receipt, requests for assistance and questions submitted to Customer Support will be dealt with under the following conditions: 6.4. Services scalabilityThe Publisher reserves the right to change its Services, to modify various aspects or delete them without restriction. These changes may occur without notice from the Publisher. 6.5. Mailo Property rightsThe Publisher holds or represents holders of intellectual property rights of the software used by the Services under the provisions of the Code of Intellectual Property. 6.6. Warranties and compensationThe User agrees to indemnify and hold the Publisher against all claims, direct, indirect and/or immaterial damages caused to third parties due to access and/or use of the Services. This warranty covers any benefits paid to claimants as well as reasonable attorney fees. The User is solely responsible and will reimburse the Publisher for direct or indirect, material or immaterial damage caused to the Publisher by the illegal use or not of its Services. 7. About the terms of useThe version of the Terms of Use which prevails is the one that appears online on the Mailo website. The contract is concluded for an indefinite period. 7.1. Updating the Terms of UseThe Publisher regularly updates these Terms of Use to consider legal developments, regulatory and case law developments as well as changes relating to the Services. 7.2. ClaimAny claim and/or appeal of the User against the Publisher must be made by the User no later than 48 hours from the relevant event, subject to revocation. 7.3. DissociationIf any provision of these Terms of Use or the application of such provision to the User or to the Publisher was considered by a Court of competent jurisdiction to be contrary to applicable law, the remaining provisions of these Terms and Use remain in effect and will be interpreted to give effect to the intention of the parties as expressed in the beginning. It is agreed that if any provision of these Terms of Use is deemed invalid, the remaining provisions shall remain in full force and effect. 7.4. NotificationsAny notification made based on these Terms of Use shall be in writing and sent to the Publisher's address. Users take care to keep all proof of delivery. These notifications shall take effect on the first business day following receipt by the Publisher of the notification, unless technically impossible. 7.5. DisposalThe Publisher reserves the right to give-away or to sub-contract without notice all or some of the obligations of this contract. 7.6. Applicable lawThis contract, of which only the French version is authentic, is governed by French law. Any dispute concerning the validity, interpretation or execution of these Terms of Use will, after failure of any conciliation, be submitted to the competent courts. |