Terms of Service
Last modified: 31 March 2023
By using the myexchange.rocks website and making use of an Account (the “Account”) and all its related features, including Webapp, Mobile access, Outlook access, IMAP access (the “Services”), you agree to be bound by the following terms of service (the “Terms”). These Terms cover all present and future features provided by your Account. The Services are operated by NHe4a GmbH (“We”, the “Company”), a German company registered at the Chamber of commerce Ulm HRB 745650.
If you agree to these Terms on behalf of a company or another legal entity, you represent that you have the authority to bind such entity, its affiliates, and all users who access the Services through your Account to these Terms. In the absence of such an authority, you are not authorized to use the Services.
Users of the Services
The Services are provided exclusively to individuals who are at least 13 years of age, or to minors who have obtained parental or legal guardian consent to open and maintain an Account.
The Services are provided exclusively to persons. Accounts registered by “bots” or automated methods are not authorized and will be terminated.
Each user is solely responsible for all actions performed through the Services.
Authorized use of the Services
You agree not to use the Services for any illegal or prohibited activities. Unauthorized activities include, but are not limited to:
- Disrupting the Company’s networks and Servers in your use of the Services;
- Accessing/sharing/downloading/uploading illegal content, including but not limited to Child Sexual Abuse Material (CSAM) or content related to CSAM;
- Infringing upon or violating the intellectual property rights of the Company or a third party;
- Harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating or discriminating someone based on gender, sexual orientation, religion, ethnicity, race, age, nationality or disability;
- Trading, selling or otherwise transferring the ownership of an Account to a third party;
- Promoting illegal activities or providing instructional information to other parties to commit illegal activities;
- Having multiple free Accounts (e.g. creating bulk signups, creating and/or operating a large number of free Accounts for a single organization or individual);
- Paying for your subscription with fraudulent payment means, such as a stolen credit card;
- Engaging in spam activities, which are defined as the practice of sending irrelevant or unsolicited messages or content over the internet, typically to a large number of recipients, notably for the purposes of advertising, phishing, or spreading malware or viruses.;
- Sending junk mail, bulk emails, or mailing list emails that contain persons that have not specifically agreed to be included on that list. You agree not to use the Services to store or share content that violates the law or the rights of a third party;
- Attempting to access, probe, or connect to computing devices without proper authorization (i.e. any form of unauthorized “hacking”);
- Referring yourself or another one of your accounts to unduly benefit from our referral program’s advantages.
Any Account found to be committing the listed unauthorized activities will be immediately suspended.
The Company may also terminate Accounts which are being used for illegal activities that are not listed in the present section, particularly in response to orders from the competent authorities informing of such illegal activity.
Limited warranties and liability
The Company does not make any warranty about the reliability of the Services or the security of user data, despite best efforts. The Service is provided “as is” and you agree not to hold the Company responsible nor to seek indemnification for any damages that may arise as a result of the loss of use, data, or profits connected to the performance of the Service or failure in such performance.
The Company has no obligation to store or forward the contents of terminated Accounts. We also have no obligation to store messages or contents for accounts that exceed their storage quotas.
Furthermore, you will not hold the Company liable or seek indemnification if confidential material is unintentionally released as the result of a security failure or vulnerability in the performance of the Services.
Due to the encrypted nature of the Services, you acknowledge that the Company has no ability or obligation to recover your data if you misplace your password.
Indemnification
You agree that the Company, and any parents, subsidiaries, officers, employees, or third-party contractors cannot be held responsible for any third-party claim, demand, or damages, including reasonable attorneys’ fees, arising out of your use of the Services.
Privacy
Our NHe4a GmbH Privacy Policies explains the way we handle and protect your personal data and privacy in relation to your Account, your use of the Services, and your browsing of the myexchange.rocks website. By agreeing to the present Terms and to be able to use the Services, you also agree to our Privacy Policy and its sub-policies.
If, in the provision of the Services, the Company processes, on the user’s behalf (where the user acts as a Data Controller), any personal data that is subject to the EU General Data Protection Regulation (GDPR), the NHe4a GmbH data processing agreement shall apply.
Terms of payment
Subscriptions for the Services are charged on a monthly basis. After the initial term, the subscription is renewed automatically for the month unless canceled by you. You are responsible for keeping payment information in relation with your Account up to date.
You may cancel your subscription anytime. Then the next month is the last month with payment to the Company. The subscriptions end at the end of the month with the last payment.
If you fail to fulfill your obligation of payment as a user of a paid Account, we may suspend your Account or delete it after an extended period of default.
Modification to the terms of service
Within the limits of applicable law, the Company reserves the right to review and change these Terms at any time. As long as you are using the Services, you are responsible for regularly reviewing these Terms. Continued use of the Services after such changes are performed shall constitute your consent to them.
Applicable law and language
These Terms shall be governed in all respects by the substantive laws of Germany. Any controversy, claim, or dispute arising out of or relating to these Terms shall be subject to the jurisdiction of the competent courts in Ulm or Stuttgart / Germany. In case of discrepancy between the English version of these Terms and any translated version, the English version shall prevail.