Terms of Service

1. Introduction and Acceptance

These Terms of Service ("Terms") govern your access to and use of IXmail ("Service"), operated by Innovatex Digital FZCO ("Innovatex," "we," "us," "our"), a free-zone company registered with the Dubai Integrated Economic Zones Authority under License No. 49371, with offices at IFZA Business Park, Building A1, Dubai Digital Park, Dubai Silicon Oasis, Dubai, United Arab Emirates.

By creating an account, accessing the Service, or sending email through IXmail, you ("Customer," "you," "your") agree to be bound by these Terms, the Acceptable Use Policy, the Privacy Policy, and, where applicable, the Data Processing Agreement (together, the "Agreement"). If you are entering into the Agreement on behalf of a legal entity, you represent that you have the authority to bind that entity, in which case "Customer" refers to that entity.

If you do not agree to these Terms, do not use the Service.

2. Definitions

Account

The IXmail account registered to you or your organization.

Customer Data

Any data, content, or material submitted by you or your end users to the Service, including recipient lists, message content, templates, and metadata.

Documentation

The technical documentation, user guides, and API references published in-product or at docs.ixmailer.com.

Service

The IXmail platform and all associated APIs, SMTP relays, dashboards, and supporting infrastructure.

Subscription

Your selected plan governing use limits and fees.

User

Any individual authorized by you to access the Service through your Account.

3. The Service

3.1 Innovatex provides an email infrastructure platform enabling the sending and receiving of transactional and bulk email through APIs, SMTP relays, and dashboards.

3.2 We may modify, suspend, or discontinue features of the Service at any time, with reasonable notice for material changes affecting paying Customers.

3.3 The Service is provided "as-is" and "as available." See Section 14 for full disclaimers.

4. Account Registration

4.1 You must register an account to use the Service. You agree to provide accurate, current, and complete information and to keep that information up to date.

4.2 You are responsible for safeguarding your account credentials and for all activity that occurs through your account. You must immediately notify us at security@ixmailer.com of any suspected unauthorized access.

4.3 You may not share account credentials or permit access by any party not authorized by you under these Terms.

4.4 Innovatex reserves the right to refuse registration, suspend, or close accounts at our discretion, including in connection with compliance with applicable law, the Acceptable Use Policy, or operational integrity of the Service.

5. Customer Obligations

5.1 You agree to use the Service only in accordance with these Terms, the Acceptable Use Policy, the Documentation, and applicable law.

5.2 You are solely responsible for:

• The content of email sent through the Service
• Obtaining and maintaining valid consent from your recipients
• Complying with all applicable anti-spam laws (including CAN-SPAM, CASL, GDPR, UAE PDPL)
• The accuracy and lawful basis for any data submitted to the Service
• Maintaining authentication records (SPF, DKIM, DMARC) for your sender domains
• Honoring opt-out requests and complaint signals from recipients

5.3 You will not use the Service to send any content prohibited by the Acceptable Use Policy.

5.4 You will not attempt to disrupt the Service or circumvent rate limits, suppression lists, complaint handlers, or detection systems.

6. Fees and Billing

6.1 Fees for the Service are set out in your selected Subscription plan or in a separate order form executed between you and Innovatex.

6.2 Unless otherwise stated, fees are denominated in United States Dollars (USD) and are exclusive of all taxes, duties, and charges, which are your responsibility.

6.3 We may revise Subscription pricing with 30 days' notice. Continued use after the effective date constitutes acceptance.

6.4 Fees are non-refundable, except where expressly required by applicable law. Service credits, where issued under a Service Level Agreement, are the sole and exclusive remedy for performance shortfalls.

6.5 For monthly Subscriptions, fees are charged at the start of each billing period. For metered usage, fees are calculated at the end of each billing period.

6.6 Failure to pay may result in suspension or termination of your account. We may charge interest on overdue amounts at 1.5% per month or the maximum permitted by law, whichever is lower.

6.7 We use third-party payment processors. By providing payment details, you authorize the processor to charge the amounts owed.

7. Free Tier

7.1 Where we offer a free tier, it is provided at our discretion with limitations on volume, features, and support.

7.2 The free tier may be modified or withdrawn at any time. Innovatex makes no commitment to maintain it.

7.3 The free tier is subject to the same Acceptable Use Policy and these Terms.

8. Customer Data and Content

8.1 You retain all ownership and intellectual property rights in your Customer Data.

8.2 You grant Innovatex a worldwide, non-exclusive, royalty-free license to host, transmit, process, store, and otherwise use your Customer Data solely to provide and improve the Service, comply with law, enforce these Terms, and as authorized in the Privacy Policy and Data Processing Agreement.

8.3 You represent and warrant that you have all rights, consents, and authorizations necessary to submit your Customer Data and to permit Innovatex to use it as set out in these Terms.

8.4 We will not access or process the content of your email messages except as necessary to provide the Service (including spam scoring, deliverability protection, abuse prevention) or as required by law.

8.5 You are responsible for backing up your Customer Data. Our data retention practices are set out in the Privacy Policy.

9. Innovatex Intellectual Property

9.1 We retain all rights, title, and interest in the Service, including all software, designs, documentation, trademarks, and trade secrets. Nothing in these Terms transfers any IP rights to you.

9.2 You are granted a limited, non-exclusive, non-transferable, revocable license to use the Service in accordance with these Terms.

9.3 You may not copy, modify, reverse-engineer, decompile, or create derivative works of the Service except as expressly permitted.

9.4 Any feedback or suggestions you provide may be used by Innovatex without obligation or compensation to you.

10. Confidentiality

10.1 Each party agrees to keep confidential any non-public information disclosed by the other in connection with the Service.

10.2 Confidentiality obligations do not apply to information that is or becomes public through no fault of the receiving party, is independently developed, is rightfully received from a third party, or is required to be disclosed by law.

11. Privacy and Data Processing

11.1 Our handling of personal data is governed by the Privacy Policy.

11.2 Where Innovatex processes personal data on your behalf (e.g. recipient data submitted by you), the Data Processing Agreement applies and is incorporated by reference.

12. Suspension and Termination

12.1 You may terminate your account at any time by canceling your Subscription in the dashboard or by contacting info@innovatex.ae. Fees paid in advance are non-refundable.

12.2 Innovatex may suspend or terminate your access to the Service:

1. For violation of these Terms, the Acceptable Use Policy, or applicable law
2. Where required by law or regulatory authority
3. For failure to pay fees when due
4. Where continued service poses material risk to the Service or other Customers
5. Upon 30 days' written notice for any other reason

12.3 In cases of material AUP violation or threat to Service integrity, suspension may be immediate and without prior notice.

12.4 Upon termination, your right to use the Service ends immediately. We may retain Customer Data for up to 90 days after termination, after which it will be deleted in accordance with the Privacy Policy.

12.5 Sections 5.4, 8, 9, 13, 14, 15, 16, 22, and 23 survive termination.

13. Service Levels

13.1 We endeavor to provide a reliable Service but make no guarantees beyond those expressly set out in any separately published Service Level Agreement.

13.2 Where an SLA applies, service credits are the sole and exclusive remedy for performance shortfalls. SLA credits are not available for issues caused by Customer error, third-party services, force majeure, scheduled maintenance, or AUP-related suspensions.

14. Warranties and Disclaimers

14.1 Innovatex warrants that the Service will perform substantially in accordance with the Documentation under normal use.

14.2 EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE IS PROVIDED "AS-IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED OR ERROR-FREE OPERATION.

14.3 INNOVATEX MAKES NO WARRANTY THAT:

• The Service will meet your specific requirements
• Email sent through the Service will reach any particular recipient
• Email reputation, deliverability, or inbox placement will achieve any particular outcome
• The Service will be uninterrupted, timely, secure, or error-free
• Any defects will be corrected

14.4 EMAIL DELIVERABILITY IS INHERENTLY UNPREDICTABLE AND DEPENDS ON FACTORS OUTSIDE INNOVATEX'S CONTROL, INCLUDING RECIPIENT MAILBOX PROVIDER POLICIES, CONTENT, SENDER REPUTATION, AND RECIPIENT BEHAVIOR. INNOVATEX MAKES NO COMMITMENT REGARDING DELIVERABILITY OUTCOMES.

15. Limitation of Liability

15.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL INNOVATEX, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY:

1. Indirect, incidental, special, consequential, exemplary, or punitive damages
2. Loss of profits, revenue, business, goodwill, anticipated savings, data, or reputation
3. Damages arising from email non-delivery, deliverability issues, blocklist incidents, or recipient mailbox provider actions
4. Damages arising from suspension or termination under Section 12

WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF INNOVATEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15.2 INNOVATEX'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) FEES PAID BY YOU TO INNOVATEX IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS (USD 100).

15.3 The limitations in this Section apply to the maximum extent permitted by applicable law and reflect the agreed allocation of risk between the parties.

16. Indemnification

16.1 You agree to indemnify, defend, and hold harmless Innovatex, its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

1. Your use of the Service
2. Your Customer Data
3. Your violation of these Terms, the AUP, or applicable law
4. Your violation of any third-party rights, including intellectual property or privacy rights
5. Your sending practices, including any complaint, blocklist incident, or regulatory action arising from email sent through your account

16.2 Innovatex reserves the right, at your expense, to assume exclusive defense and control of any matter for which you are required to indemnify us. You agree to cooperate with our defense of these claims.

17. Force Majeure

Innovatex will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, war, terrorism, pandemic, civil unrest, government action, internet outages, third-party service failures, denial-of-service attacks, blocklist actions, or recipient mailbox provider policies.

18. Modifications to Terms

18.1 We may revise these Terms from time to time. Material changes will be communicated with at least 30 days' notice via email or in-product notification.

18.2 Continued use of the Service after the effective date of revisions constitutes acceptance. If you do not agree, your sole remedy is to terminate your account.

19. Assignment

19.1 You may not assign or transfer these Terms or your account without our prior written consent.

19.2 Innovatex may assign these Terms in connection with a merger, acquisition, reorganization, or sale of substantially all of its assets, with notice to you.

20. Notices

20.1 Notices to Innovatex must be sent to info@innovatex.ae with a copy to legal@innovatex.ae.

20.2 Notices to you may be sent to the email address associated with your account or posted in-product.

21. Governing Law and Jurisdiction

21.1 These Terms are governed by the laws of the United Arab Emirates and the laws applicable in the Dubai Integrated Economic Zones Authority (DIEZA / IFZA), without regard to conflict-of-laws principles.

21.2 Any dispute arising out of or related to these Terms shall be resolved through binding arbitration administered under the Rules of Arbitration of the Dubai International Arbitration Centre (DIAC) by a single arbitrator. The seat of arbitration shall be Dubai, UAE. The language of arbitration shall be English.

21.3 Notwithstanding the foregoing, either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

Note for legal review: confirm DIAC arbitration vs DIFC Courts vs Dubai Courts as preferred dispute resolution forum for an IFZA-licensed FZCO.

22. Class Action Waiver

To the maximum extent permitted by law, all claims must be brought in a party's individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding.

23. Miscellaneous

23.1 If any provision is found unenforceable, the remaining provisions remain in full force.

23.2 No waiver of any provision constitutes a waiver of any other provision.

23.3 These Terms, together with the AUP, Privacy Policy, and any Data Processing Agreement or order form, constitute the entire agreement between the parties regarding the Service and supersede all prior agreements.

23.4 Nothing in these Terms creates any partnership, joint venture, agency, or employment relationship between the parties.

24. Contact