Terms and conditions

Terms of Service

To make sure we know exactly what to expect from each other, Guantanamail has written down under which conditions it offers its service. By using the website or messaging service you agree to be bound by these terms of service and the privacy policy.

Version: September 11, 2013

The Terms of Service and underlying Privacy Policy ("Terms") are a legal document between you ("You"), the user of our messaging service ("Service") provided through the website Guantanamail.com ("Website"), and Guantanamail by The After scrl ("Guantanamail"), owner and rights holder of the Website and provider of the Service. We recommend You to read these documents carefully. Words spelled with a capital letter have a specified description. By accessing or using any part of the Website or Service You agree to be bound by the Terms, including the Privacy Policy that form an integral part of the Terms. Note that Guantanamail may revise these Terms from time to time. Each revised version shall be dated and posted on the Website. Guantanamail recommends that You review the Website from time to time and take note of any changes. If You do not agree with the Terms, including the Privacy Policy, You should not or no longer access or use the Website and/or Service. Any future or continued use of the Website and/or Service is governed by the Terms, including the Privacy Policy.

Service

Guantanamail provides You with the infrastructure and facilities to encrypt and send private messages ("Message" or "Messages") to others and/or themselves over the internet via our Website or to decrypt and receive private messages ("Message" or "Messages") to others and/or themselves over the internet via our Website. Our basic Service is completely free from registration and charge. Paying services might be proposed in a later development stage. Guantanamail encrypts only text messages. All messages transfers between You and the designated recipient(s) ("Recipient" or "Recipients") are treated confidentially. Guantanamail does not check, open or view the content of the messages being sent. Encrypted messages are stored on Guantanamail's servers for an undefined period until they have been retrieved. After the message has been retrieved it is removed from Guantanamail's servers and will only be readable once by the recipient. Each Message can be sent by YOU - under the form of a unique web link - through your email service provider or via an email form available on Guantanamail.com. Be aware that anyone in possession of the unique web link to the Message will be able to read the content of the Message. Guantanamail strongly recommends you to share the web link in a secured and trustworthy way.

Notification email

If You are the Recipient of a File sent through our Service, You will receive a notification email from Guantanamail.This email contains: a web link that lead to the location within the Website where you can directly and securely retrieve the Message. After complete and successful download, a Message sent to You through our Service is no longer on Guantamail's servers and therefore will be permanently destroyed.

Message transfer

Guantanamail provides the technically necessary facilities to transfer your Message. Guantanamail does not claim any ownership of the Messages You exchange through our Service. You are fully and solely responsible for the Messages You wish to convey through our Service. By using our Service You acknowledge and agree that Guantanamail is not responsible for any failure of the Service to store, send or delete a Message or for the corruption or loss of any data, information or content contained in a Message. By using our Service You acknowledge and agree that You have the permission to grant Guantanamail the non-exclusive, worldwide, royalty free right (license), including the right for Guantanamail to sublicense this right to third parties, to store and transfer Your Message as part of our Service.

[not yet applicable] Ads and links

The advertisements, including photography, graphic design, typography, portraits and logos, as well as trade marks, service marks and trade names are the intellectual property of their rights holders, such as the advertisers and/or third parties. You are not allowed to copy, reproduce, make available online to the public, sell or reuse the advertisements or part of the advertisements in any way without the permission of the rights holder. Guantanamail is not responsible or liable for (i) the contents of advertisements, (ii) in-ad links to advertisers or third party websites or (iii) the contents, products or services offered on advertisers or third party websites. You accept that all use outside the Website is at your own risk.

Not allowed

Guantanamail respects your rights and demands that You respect those of Guantanamail, its partners and third parties. This includes privacy and intellectual property rights, such as trademarks, service marks, trade names and logos. You are not allowed to use our Service to infringe on any rights, including privacy or intellectual property rights or to promote, enable or facilitate others to infringe on any rights.

As a condition to make use of the Service You agree not to send Messages that:

In addition, You agree not to:

Guantanamail reserves the right to investigate and/or remove, without warning, any Messages from its servers or block You from accessing the Website or Service, when Guantanamail finds, at their own discretion, or receives substantiated and valid complaints, that You violate these Terms including the Privacy and/or NTD Policy) or act in violation of any applicable law or regulation. Guantanamail reserves the right to disclose Messages in so far necessary (i) to defend itself in legal proceedings (ii) to follow a court order, (iii) to abide by any law, regulation or governmental request, (iv) to safeguard national security, defence, public security or public health and v) to uphold our Terms.

Disclaimer

Guantanamail provides its Service "AS-IS," without warranty of any kind. Without limiting the foregoing, Guantanamail explicitly disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement. Guantanamail makes no warranty that the Service is available on an uninterrupted, secure or error-free basis. Your use of the Service is at your own risk. You acknowledge and agree that Guantanamail is not responsible for any damages to your computer system or the computer system of any third party that result from use of the Service.

Indemnity and Liability

You will defend, indemnify and hold harmless Guantanamail, including its employees and affiliates, from and against any claims, liabilities, damages, losses and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service or your violation of these Terms, including any third party claims that Files submitted to the Service by You infringe or violate any third party rights. However, this limitation of liability does not intend to exclude the liability of Guantanamail.com for the intentional and/or deliberate recklessness of Guantanamail.com themselves ("their own acts") and or the management of Guantanamail.com.

In no event will Guantanamail be liable to You or to any third party for any damages arising out of use of the Website or Service, whether based on warranty, contract, tort (including negligence) or any other legal theory and whether or not Guantanamail has been informed of the possibility of such damage, even if any limited remedy is found to have failed its essential purpose. Guantanamail.com will not accept any liability for damage as a result of an attributable failure in the performance of the agreement to provide the Service or pursuant to an unlawful act or whatever other reason, including, but not limited to any incidental, special, consequential damage resulting from or in connection with the use of the Service and/or the impossibility of using it insofar as this is allowed under mandatory law. In the event Guantanamail.com is liable for damage under mandatory law, Guantanamail's aggregate liability to you for any and all claims arising out of or in connection with the use of the Service will in no event exceed one hundred euro (€100) per incident.

Controlling Law and Jurisdiction

These rights and obligations arising out of or in connection to these Terms shall be construed, governed, interpreted and enforced according to the laws of Belgium. The exclusive jurisdiction and venue of any action with respect to any subject matter relating to these Terms will be the courts located in Brussels, Belgium, unless stipulated otherwise by mandatory Belgian or international laws. You waive any objection to jurisdiction and venue in the courts of Belgium.

Varia

These Terms supersede any and all prior oral and written quotations, communications, agreements and understandings between You and Guantanamail. These Terms shall apply in preference to and supersede any and all Terms of any use or kind by You. In the occasion that these Terms shall become party invalid, You and Guantanamail remain bound to the remainder.

Questions?

For questions about these Terms, please contact Guantanamail at hello@guantanamail.com. We speak English and French.