Terms of Service

Last updated: October 12, 2026

Please read these Terms of Service (the “Terms”) and our Privacy Notice (https://www.agentmail.to/legal/privacy) (“Privacy Notice”) carefully because they govern your (and any artificial intelligence agents (“AI Agents”) associated with your account) use of the website located at https://www.agentmail.to/ (the “Site”) and the AI agent email inbox services and application programming interface (the “API”) and services made available via the Site and offered by AgentMail, Inc. (“AgentMail”). To make these Terms easier to read, the Site, the API and our services are collectively called the “Services.”

IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND AGENTMAIL THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 16 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION.

1. Agreement to Terms

By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, “you” and “your” will refer to that entity. If you do not have the authority to bind such entity or do not agree with these Terms, you (and the entity) are not authorized to access or use the Services.

2. Privacy Notice

Please review our Privacy Notice, which also governs your use of the Services, for information on how we collect, use and share your information.

3. Changes to these Terms or the Services

We may update the Terms from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site and/or may also send other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms, it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

4. Our Services

(a) Eligibility. You may use the Services only if you are 18 years or older and capable of forming a binding contract with AgentMail and not otherwise barred from using the Services under applicable law.

(b) Accounts. To use certain features of the Services, you will need to create an account. When you create an account, you agree to provide accurate, complete and current information and to keep it up to date. If you do not, we may have to suspend or terminate your account. To protect your account, you agree to keep your account credentials and password confidential and to notify AgentMail promptly of any unauthorized use of, or access to, your account. You are responsible for all activities that occur under your account (including all activities by your App Users, if applicable), whether or not you authorized them.

(c) API. Subject to your compliance with the terms and conditions of these Terms, AgentMail grants you a nonexclusive right to access and use the API solely for the purposes of accessing and using the AgentMail AI agent email inbox services for your own personal purposes or, subject to your subscription tier, to integrate such services with your own platform or application (“Your App”). AgentMail reserves all rights in and to the API not expressly granted to you in these Terms. AgentMail may set limits on the number of API calls that you can make or anything else about the API at its sole discretion without notice, including based on your subscription tier.

(d) Platform Customers. If you are using the API to integrate our AI agent email inbox services with Your App (in which case you are a “Platform Customer,” and each individual or entity that accesses or uses the Services through Your App is an “App User”), you agree to the following terms:

(i) You will: (i) ensure that each App User complies with all applicable terms and conditions of these Terms and you will be responsible for acts or omissions by App Users in connection with their use of the Services as if those were your acts or omissions; and (ii) not permit any App User to use the Services unless the App User is subject to a written agreement with you that protects AgentMail and its intellectual property rights to at least the same degree as the terms and conditions of these Terms and that is consistent in all material respects with these Terms, including, without limitation, with respect to responsibility for actions taken by any App Users’ AI Agents, User Content, Usage Data, and the prohibitions set forth in Section 8.

(ii) As between AgentMail and you, you are solely responsible for your and Your App’s compliance with all applicable laws and regulations relating to privacy, data protection, data security, electronic communications and marketing (collectively, “Data Protection Laws”) in connection with Your App and your and your App Users’ use of the Services. Without limiting the foregoing, you will: (i) maintain and make available to your App Users a privacy policy that complies with Data Protection Laws; (ii) provide all notices and obtain all consents and permissions required under Data Protection Laws from your App Users and any other individuals whose personal information is included in User Content to permit AgentMail to collect, use and otherwise process such personal information as described in these Terms and our Privacy Notice; (iii) respond to requests from individuals to exercise their rights under Data Protection Laws with respect to personal information processed through Your App; and (iv) implement and maintain reasonable administrative, technical and physical safeguards to protect personal information processed through Your App.

(e) AI Agents. You are responsible for all actions taken by AI Agents associated with your account, and any access to or use of the Services by such AI Agents will be deemed your access and use under these Terms, regardless of the degree of control, supervision or oversight you exercise over your AI Agents, whether your AI Agents act autonomously or otherwise, and whether or not you authorized such actions.

(f) Commercial Email. As between AgentMail and you, you are solely responsible for ensuring that each commercial electronic mail message (meaning any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service) sent through your account, including by your AI Agents or, if applicable, your App Users, includes: (i) a functioning return electronic mail address or other Internet-based mechanism, clearly and conspicuously displayed, that a recipient may use to submit, in a manner specified in the message, a reply electronic mail message or other form of Internet-based communication requesting not to receive future commercial electronic mail messages from the sender at the electronic mail address where the message was received, and that remains capable of receiving such messages or communications for no less than 30 days after the transmission of the original message; and (ii) clear and conspicuous notice of the opportunity to decline to receive further commercial electronic mail messages from the sender, in each case as required by the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003, 15 U.S.C. § 7701 et seq. (the “CAN-SPAM Act”), and any similar laws or regulations. AgentMail is not responsible for including any such mechanism or notice in emails sent through your account.

5. Feedback

We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you. For clarity, Feedback is not deemed to be User Content.

6. Payments and Subscriptions

AgentMail may require payment of a fee for use of the Services and you agree to pay such fees. You may have the option of purchasing a subscription (“Subscription”) for such use.

(a) General. When you make a fee payment or purchase a Subscription (each, a “Transaction”), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). By initiating a Transaction, you agree to the pricing, payment and billing policies applicable to such fees and charges, as posted on the Site or otherwise communicated to you. All payments for Transactions are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars.

(b) Subscriptions. If you purchase a Subscription, you will be charged the monthly or annual (as applicable) Subscription fee, plus any applicable taxes, and other charges (“Subscription Fee”), at the beginning of your Subscription and each month or year thereafter, at the then-current Subscription Fee. BY PURCHASING A SUBSCRIPTION, YOU AUTHORIZE AGENTMAIL TO INITIATE RECURRING NON-REFUNDABLE PAYMENTS AS SET FORTH BELOW. If you purchase a Subscription, we (or our third-party payment processor) will automatically charge you each month or year (as applicable) on the relevant anniversary of the commencement of your Subscription using the Payment Information you have provided until you cancel your Subscription. If you purchase an annual Subscription, no less than thirty (30) days and no more than forty (40) days before your Subscription term ends, or otherwise in accordance with applicable law, AgentMail will send you a reminder with the then-current Subscription Fee. By agreeing to these Terms and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or AgentMail. Your Subscription continues until cancelled by you or we terminate your access to or use of the Services or Subscription in accordance with these Terms.

(c) Cancelling Subscriptions. YOUR PURCHASE IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND OF YOUR SUBSCRIPTION FEE AT ANY TIME. But if something unexpected happens in the course of completing a Transaction, we reserve the right to cancel your Transaction for any reason; if we cancel your Transaction we’ll refund any payment you have already remitted to us for such Transaction. Without limiting the foregoing, you may cancel your Subscription at any time, but please note that such cancellation will be effective at the end of the then-current Subscription period. YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. You can cancel the Services on the Site or through the Services interface. You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then-current Subscription period. If you cancel, your right to use the Services will continue until the end of your then current Subscription period and will then terminate without further charges.

7. User Content and Intellectual Property

(a) User Content. Any content, information, data or materials that you (and your App Users, if applicable) create, open, load, store or otherwise make available to the Services, or that you (or your App Users, if applicable) submit or transmit through the Services, is referred to as “User Content”. User Content may include text (including emails), files, documents, graphics, images, music, software, audio, video and any other email contents. AgentMail does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content.

(b) Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Content under these Terms. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by AgentMail on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

(c) Permissions to Your User Content. By making any User Content available through the Services (including via your App Users) you hereby grant to AgentMail a non-exclusive, perpetual, irrevocable, transferable (in whole or in part), worldwide, royalty-free, fully paid-up license, with the right to sublicense (through multiple tiers), to use, copy, reproduce, store, process, modify, create derivative works based upon, distribute, publicly display and publicly perform your User Content: (i) in connection with operating, improving and providing the Services; (ii) to develop, improve and train AgentMail’s technology, products and services, including, without limitation, artificial intelligence and machine learning systems and models; (iii) to create Usage Data (as defined below); and (iv) to comply with applicable law.

(d) Removal of User Content. We may from time to time enable or disable features that allow you to delete your User Content, without notice to you, but we do not promise that these features will be available to you at any particular time. You should know that in certain instances, some of your User Content may not be completely removed and copies of your User Content may continue to exist on the Services. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

(e) Usage Data. AgentMail may collect, compile, generate and aggregate usage, feature-utilization, performance, diagnostic, log and other operational (including telemetry) data (including trends and patterns connected therewith), in deidentified form, derived from, arising out of or generated through your use of the Services (all such data, collectively, “Usage Data”). AgentMail will solely own all right, title and interest in and to such Usage Data, including all intellectual property rights therein, and may use and exploit all such Usage Data without restrictions.

(f) AgentMail’s Intellectual Property. You acknowledge that AgentMail owns all worldwide right, title and interest in and to the Services including all intellectual property rights therein. Further, AgentMail may make available through the Services content that is subject to intellectual property rights. AgentMail retains all rights to that content.

8. General Prohibitions and AgentMail’s Enforcement Rights

You agree not to do any of the following:

(a) Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;

(b) Upload, submit or transmit through the Services, or use the Services to collect, store or otherwise process, any protected health information, financial account or payment card information, or personal information of children under the age of 13, except as expressly agreed by AgentMail in writing, including pursuant to a business associate agreement entered into between you and AgentMail under the Health Insurance Portability and Accountability Act of 1996, as amended;

(c) Use, display, mirror or frame the Services or any individual element within the Services, AgentMail’s name, AgentMail trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without AgentMail’s express written consent;

(d) Access, tamper with, or use non-public areas of the Services, AgentMail’s computer systems, or the technical delivery systems of AgentMail’s providers;

(e) Attempt to probe, scan or test the vulnerability of any AgentMail system or network or breach any security or authentication measures;

(f) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by AgentMail or any of AgentMail’s providers or any other third party (including another user) to protect the Services;

(g) Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by AgentMail, generally available third-party web browsers, or your AI Agents accessing the Services through the API in accordance with these Terms and any documentation provided by AgentMail;

(h) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation; or otherwise send email to recipients who have not consented to receive it where consent is required by applicable law or fail to honor unsubscribe or opt-out requests, including in violation of the CAN-SPAM Act or similar laws or regulations;

(i) Use the Services to send phishing messages or to distribute malware, ransomware or other malicious code;

(j) Fail to disclose that a communication is generated or sent by an AI Agent where such disclosure is required by applicable law;

(k) Use any meta tags or other hidden text or metadata utilizing an AgentMail trademark, logo URL or product name without AgentMail’s express written consent;

(l) Use the Services, or any portion thereof, in any manner not permitted by these Terms, or resell, sublicense, lease or otherwise make the Services (including your API keys or account credentials) available to any third party;

(m) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;

(n) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;

(o) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;

(p) Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;

(q) Misrepresent your affiliation with any person or entity;

(r) Violate any applicable law or regulation; or

(s) Encourage or enable any other individual to do any of the foregoing.

AgentMail is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content (if applicable), at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

9. DMCA/Copyright Policy

AgentMail respects copyright law and expects its users to do the same. It is AgentMail’s policy to terminate in appropriate circumstances account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see AgentMail’s Copyright and IP Policy at https://www.agentmail.to/legal/copyright, for further information.

10. Links to Third Party Websites or Resources

The Services may allow you to access third-party websites. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. The Services may also allow you to access other resources, including to import your User Content into the Services or otherwise enable the Services to access your User Content. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources.

11. Termination

We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. You may cancel your account at any time through the Site or the Services interface. Upon any termination, discontinuation or cancellation of the Services or your account, the following Sections will survive: 5, 6(a), 6(b), 6(c) (only for payments due and owing to AgentMail prior to the termination), 7 (other than Section 7(d)), 11, 12, 13, 14, 15, 16 and 17.

12. Warranty Disclaimers

(a) General. THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Services.

(b) Automated Actions. Certain features of the Services may, at your direction or configuration and through your AI Agents, take actions through the inboxes, email addresses and other resources associated with your account and any systems you connect to the Services, including sending, replying to, forwarding, labeling or deleting emails, opening attachments and links, processing inbound messages, triggering webhooks, and interacting with third-party services (collectively, “Automated Actions”). YOU ARE SOLELY RESPONSIBLE FOR: (1) CONFIGURING AND SCOPING THE PERMISSIONS MADE AVAILABLE TO OR THROUGH THE SERVICES AND TO YOUR AI AGENTS, AND FOR PROMPTLY REVOKING THE SAME AS APPROPRIATE; (2) DETERMINING WHICH AUTOMATED ACTIONS ARE PERMITTED AND IMPLEMENTING ANY HUMAN REVIEW, APPROVAL, SENDING LIMITS OR OTHER SAFEGUARDS YOU DEEM APPROPRIATE BEFORE ANY EMAIL IS SENT OR OTHER AUTOMATED ACTION IS TAKEN; (3) THE CONTENT OF ALL EMAILS AND OTHER COMMUNICATIONS SENT THROUGH YOUR ACCOUNT, AND ANY ACTION YOUR AI AGENTS TAKE IN RELIANCE ON INBOUND EMAILS; AND (4) ALL CONSEQUENCES OF AUTOMATED ACTIONS INITIATED THROUGH YOUR ACCOUNT OR CONFIGURATION, INCLUDING ANY EMAILS SENT IN ERROR OR TO UNINTENDED RECIPIENTS, ANY DISCLOSURE, MODIFICATION, DELETION OR LOSS OF USER CONTENT, AND ANY COMMITMENTS, TRANSACTIONS OR OTHER ACTIONS UNDERTAKEN WITH THIRD PARTIES. AUTOMATED ACTIONS INITIATED THROUGH YOUR ACCOUNT OR CONFIGURATION CONSTITUTE YOUR USE OF THE SERVICES FOR ALL PURPOSES UNDER THESE TERMS. AGENTMAIL IS NOT OBLIGATED TO REVIEW OR MONITOR ANY AUTOMATED ACTION AND DOES NOT WARRANT THAT ANY EMAIL WILL BE DELIVERED, RECEIVED, OR CORRECTLY CLASSIFIED BY SPAM, SECURITY OR OTHER FILTERS.

13. Indemnity

You will indemnify and hold AgentMail and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your (and your App Users’) access to or use of the Services, (b) your User Content, (c) your (and your App Users’) violation of these Terms, or (d) Your App.

14. Limitation of Liability

(a) TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER AGENTMAIL NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AGENTMAIL OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

(b) TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL AGENTMAIL’S TOTAL CUMULATIVE LIABILITY TO YOU ARISING FROM ALL CLAIMS UNDER OR RELATED TO THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED: (I) THE AMOUNTS ACTUALLY PAID BY YOU OR PAYABLE BY YOU TO AGENTMAIL FOR USE OF THE SERVICES IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO THE APPLICABLE CLAIM MADE UNDER OR RELATED TO THESE TERMS, OR (II) IF NO AMOUNTS HAVE BEEN PAID BY YOU TO AGENTMAIL FOR USE OF THE SERVICES, ONE HUNDRED DOLLARS ($100.00).

(c) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN AGENTMAIL AND YOU.

15. Governing Law and Forum Choice

These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 16 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and AgentMail are not required to arbitrate will be the state and federal courts located in San Francisco, California, and you and AgentMail each waive any objection to jurisdiction and venue in such courts.

16. Dispute Resolution

(a) Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and AgentMail agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and AgentMail are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.

(b) Exceptions. As limited exceptions to Section 16(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.

(c) Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.

Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.

(d) Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.

(e) Injunctive and Declaratory Relief. Except as provided in Section 16(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.

(f) Class Action Waiver. YOU AND AGENTMAIL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.

(g) Severability. With the exception of any of the provisions in Section 16(f) of these Terms, if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.

17. General Terms

(a) Reservation of Rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.

(b) Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between AgentMail and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between AgentMail and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Except where provided by applicable law in your jurisdiction, you may not assign or transfer these Terms, by operation of law or otherwise, without AgentMail’s prior written consent. Any attempt by you to assign or transfer these Terms absent our consent or your statutory right, without such consent, will be null. AgentMail may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

(c) Notices. Any notices or other communications provided by AgentMail under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

(d) Waiver of Rights. AgentMail’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of AgentMail. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

18. Contact Information

If you have any questions about these Terms or the Services, please contact AgentMail at support@agentmail.cc.