Terms of Service

These Terms of Service ("Terms") govern your access to and use of DataMail, an email service operated by Data Xgen Technologies Pvt. Ltd. ("Data Xgen," "we," "our" or "us"), including the DataMail website, applications, email accounts, mailboxes, free services and optional paid or premium services (collectively, the "Service").

By creating a DataMail account, accessing or using the Service, or purchasing any optional paid service, you agree to these Terms. If you do not agree, you must not create or use a DataMail account.

1. About DataMail

DataMail is an email service that enables users to create and use email accounts, send and receive email, access and manage mailboxes, and use other features made available by Data Xgen from time to time.

DataMail may support email addresses, interfaces and communication in multiple Indian and international languages and scripts, subject to technical availability.

2. Eligibility

You must be legally competent to enter into a binding agreement under applicable law. If you use DataMail on behalf of an organization, you represent that you are authorized to accept these Terms on its behalf.

Where permitted or required by applicable law, Data Xgen may apply age, verification or other safeguards for particular services or account types.

3. Creating and Maintaining an Account

You must provide accurate information where information is requested during account creation, account recovery, support or purchase of paid services, and must keep material account information reasonably up to date.

You are responsible for keeping your password and authentication credentials confidential, using appropriate security measures on devices used to access your account, promptly reporting suspected unauthorized access or compromise, and all activity carried out through your account except to the extent caused by a failure attributable to Data Xgen.

You must not sell, rent, lease, transfer or otherwise provide your DataMail account to another person without our written authorization.

Data Xgen may require reasonable additional verification where necessary for account security, fraud or abuse prevention, recovery of an account, payment-related verification, compliance with applicable law, or protection of the Service.

4. Free and Paid Services

DataMail may offer both free services and optional paid or premium services.

The free service is available without subscription charges and is subject to the features, storage, sending, receiving, attachment, rate and other limits applicable to the free plan.

Optional paid or premium services may include, without limitation, additional mailbox storage or capacity, higher email sending or receiving limits, additional features, enhanced functionality, business or enterprise capabilities, or other upgrades offered by Data Xgen from time to time ("Paid Services").

Paid Services are optional. Purchasing a Paid Service does not create a right to use the Service for unlawful, abusive or prohibited activities and does not override any security, abuse-prevention or technical controls.

The features, limits, price, billing frequency, taxes, duration and other conditions applicable to a Paid Service will be presented at the time of purchase or subscription and form part of the applicable service arrangement.

Data Xgen may introduce new Paid Services, modify existing Paid Services, or discontinue a Paid Service. Changes to an active subscription will be handled in accordance with applicable law and the applicable subscription terms.

5. Pricing, Billing and Taxes

Paid Services are charged at the price displayed or otherwise communicated at the time of purchase or renewal.

Prices may be stated exclusive or inclusive of applicable taxes, as indicated at the time of purchase. Applicable taxes, duties or levies will be charged in accordance with law.

Where a Paid Service is subscription-based, the subscription may renew automatically only where the applicable purchase flow or subscription terms clearly provide for automatic renewal and the user has authorized it.

You are responsible for providing accurate billing and payment information and for ensuring that the payment method remains valid.

If a payment is declined, reversed, disputed or otherwise not successfully completed, Data Xgen may restrict or suspend the affected Paid Service after providing any notice required by applicable law or the applicable payment terms.

6. Upgrades, Downgrades and Cancellation of Paid Services

You may upgrade, downgrade or cancel a Paid Service subject to the applicable plan terms and billing cycle.

An upgrade may take effect immediately or at the next applicable billing cycle, as specified at purchase.

A downgrade or cancellation may take effect at the end of the current paid period unless the applicable plan expressly provides otherwise.

Cancellation of a Paid Service does not necessarily delete the underlying DataMail account. The account may continue under the applicable free plan where available, subject to its storage and other limits.

If your mailbox contains more data than the applicable free-plan limit after a downgrade or cancellation, Data Xgen may provide a reasonable period to reduce the stored data or otherwise address the excess before applying restrictions or deletion in accordance with the applicable service and data-retention policies.

7. Refunds and Payment Disputes

Because DataMail includes both free and optional Paid Services, refunds for Paid Services are governed by the terms displayed at purchase and the applicable provisions of these Terms.

Unless otherwise stated or required by applicable law:

• charges for a subscription period that has commenced are generally non-refundable;
• unused portions of a subscription are not automatically refundable;
• verified duplicate payments may be refunded;
• payments received for a Paid Service that Data Xgen is unable to provide due to a failure attributable to Data Xgen may be refunded or credited as appropriate; and
• third-party payment-provider, bank, foreign-exchange or similar charges may be non-refundable where permitted by law.

Nothing in this section limits any mandatory refund, cancellation or consumer right available under applicable law.

8. Acceptable Use

You may use DataMail only for lawful and legitimate purposes and in compliance with these Terms and applicable law.

You must not use DataMail or any DataMail infrastructure to:

• send spam, unsolicited bulk email or abusive commercial communications;
• engage in phishing, spoofing, impersonation, business email compromise or other fraudulent activity;
• distribute malware, ransomware, spyware, viruses, malicious code or harmful files or links;
• obtain, collect, disclose or use passwords, authentication credentials or personal information without authorization;
• operate botnets or participate in cyber-attacks, credential attacks, denial-of-service attacks or unauthorized system access;
• probe, scan, test or circumvent the security of DataMail or another system without authorization;
• create accounts in bulk or use automated methods to create accounts for abuse, fraud, spam or circumvention of controls;
• use DataMail to harass, threaten, stalk, intimidate or facilitate unlawful harm;
• transmit, store, distribute or facilitate content that is unlawful or prohibited under applicable law;
• distribute child sexual abuse material or facilitate sexual exploitation or abuse;
• infringe copyright, trademark, privacy, publicity or other rights of any person;
• use DataMail to facilitate financial fraud, scams, identity theft or other deceptive practices;
• interfere with, overload, disrupt or damage the Service or its infrastructure;
• bypass rate limits, security controls, account restrictions or other technical safeguards;
• use DataMail to evade law-enforcement, security or abuse-prevention measures;
• use automated access, scripts, bots or crawlers in a manner that imposes unreasonable load or circumvents Service controls; or
• otherwise use the Service in a manner that may reasonably cause harm to Data Xgen, DataMail, its users, third parties or the Internet community.

9. Email Content and User Responsibility

You are responsible for the content of email messages, attachments, links and other material that you send, receive, store or otherwise transmit using your account.

Data Xgen does not endorse user-generated content and is not responsible for the content of communications between users, except to the extent required by applicable law.

You must ensure that your use of DataMail and the content you transmit through the Service comply with applicable law and do not violate the rights of others.

10. Spam, Abuse and Security

Data Xgen may use reasonable technical and organizational measures to detect, prevent and mitigate spam, phishing, malware, fraud, account compromise, abuse and security threats.

For security, abuse-prevention, service-operation or legal-compliance purposes, Data Xgen may review or process relevant account, technical, message or metadata information to the extent reasonably necessary and permitted by applicable law. The processing of personal information is described in the Privacy Policy.

11. Storage, Sending and Usage Limits

Data Xgen may apply different limits to free and Paid Services, including storage capacity, sending and receiving limits, message size, attachment size, rate limits, account creation limits and other technical or operational restrictions.

Limits may be changed from time to time for security, capacity, operational, technical, commercial or other legitimate reasons, subject to applicable law and any specific subscription commitment.

Users must not attempt to circumvent any applicable limit or control.

12. Suspension, Restriction and Termination

Data Xgen may suspend, restrict, disable or terminate an account or access to all or part of the Service, with or without prior notice where reasonably necessary, including where:

• you breach these Terms or applicable policies;
• we reasonably suspect fraud, spam, phishing, malware, abuse or other prohibited activity;
• the account presents a security or operational risk;
• continued access could harm other users, DataMail or Data Xgen;
• required by applicable law, court order or a lawful direction of a competent authority;
• information provided by you is materially false, misleading or used for unlawful purposes;
• a Paid Service payment remains unpaid, reversed or otherwise invalid; or
• the account has been inactive for a period determined by Data Xgen under its then-current account policies.

Where reasonably practicable and appropriate, Data Xgen may provide notice or an opportunity to remedy a breach. This will not apply where immediate action is reasonably necessary for security, abuse prevention, legal compliance or protection of users or the Service.

Suspension or termination for misuse may apply to both free and Paid Services and may occur without refund where permitted by applicable law.

13. Inactive Accounts and Data

Data Xgen may establish and publish reasonable policies concerning inactive accounts, storage limits and deletion of accounts or data.

If an account is closed, suspended or terminated, access to the account and stored content may be restricted or permanently unavailable. Users are responsible for maintaining copies of information they need, where appropriate.

Data retention and deletion are governed by the Privacy Policy and applicable law.

14. Service Availability and Changes

Data Xgen will use reasonable efforts to operate and maintain DataMail, but does not guarantee that the Service will always be uninterrupted, available, secure or error-free.

The Service may be temporarily unavailable because of maintenance, upgrades, security measures, network or infrastructure failures, third-party dependencies, emergencies, force majeure events or other circumstances beyond our reasonable control.

Data Xgen may add, modify, suspend or discontinue features or portions of the Service. Where required by applicable law, we will provide appropriate notice.

15. Third-Party Services

DataMail may use third-party infrastructure, connectivity, security, analytics, payment, support or other technology services. Third-party services may be subject to their own terms and policies.

Data Xgen is not responsible for independent third-party services to the extent that events involving those services are outside Data Xgen's reasonable control.

16. Intellectual Property

DataMail, its software, technology, interfaces, logos, trademarks, designs and other materials provided by Data Xgen are owned by or licensed to Data Xgen Technologies Pvt. Ltd. and are protected by applicable law.

You receive a limited, non-exclusive, non-transferable right to use the Service in accordance with these Terms. You must not copy, modify, reverse engineer, distribute, sell, sublicense or commercially exploit DataMail or its components except as permitted by law or with our written authorization.

You retain rights in content that you lawfully own. Nothing in these Terms transfers ownership of your content to Data Xgen.

17. Privacy

Data Xgen's collection, use, disclosure, retention and protection of personal information in connection with DataMail is described in the DataMail Privacy Policy.

18. Legal Requests and Cooperation

Data Xgen may preserve, disclose, restrict or provide information where reasonably necessary to comply with applicable law, court orders, lawful government or law-enforcement requests, or to protect the rights, safety, security and property of Data Xgen, DataMail users or others, subject to applicable law.

19. Disclaimer of Warranties

To the fullest extent permitted by applicable law, DataMail is provided on an "as available" and "as is" basis without warranties except those expressly required by law.

Data Xgen does not warrant that the Service will be uninterrupted, error-free, completely secure, free from harmful components, or suitable for every particular purpose.

Nothing in these Terms excludes or limits any warranty or liability that cannot legally be excluded or limited.

20. Limitation of Liability

To the fullest extent permitted by applicable law, Data Xgen Technologies Pvt. Ltd., its affiliates, directors, officers, employees, agents, contractors and service providers shall not be liable for indirect, incidental, special, consequential or punitive loss or damage, or for loss of profits, revenue, business, goodwill or data arising from or related to use of, or inability to use, DataMail.

Data Xgen shall not be responsible for loss caused by circumstances beyond its reasonable control, including third-party network failures, internet outages, force majeure events, unauthorized acts of third parties despite reasonable safeguards, or necessary security and maintenance measures.

Nothing in these Terms excludes or limits liability that cannot legally be excluded under applicable law.

21. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless Data Xgen Technologies Pvt. Ltd., its affiliates, directors, officers, employees, agents, contractors and service providers against claims, liabilities, losses, damages, penalties, costs and reasonable expenses arising from your unlawful, fraudulent, abusive or unauthorized use of DataMail, your breach of these Terms or applicable policies, or your infringement of third-party rights.

22. Grievances and Abuse Reporting

Questions, complaints, privacy concerns and suspected abuse may be reported through the contact details published on the DataMail website.

For suspected phishing, spam, malware, fraud or other abuse: abuse@datamail.in
For privacy: privacy@datamail.in
For general support and paid-service or billing queries: support@datamail.in

For formal grievances, the Grievance Officer and grievance procedure published on the DataMail Grievance and Abuse Reporting Policy page shall apply.

23. Changes to These Terms

Data Xgen may update these Terms from time to time. The updated version will be published on the DataMail website with its effective date. Continued use of DataMail after the effective date constitutes acceptance of the updated Terms to the extent permitted by applicable law.

24. Entire Agreement

These Terms and the DataMail Privacy Policy, together with any service-specific terms expressly incorporated by reference, constitute the agreement between you and Data Xgen regarding use of DataMail, except where applicable law provides otherwise.

If any provision is found invalid or unenforceable, the remaining provisions will continue to apply.

25. Governing Law and Jurisdiction

These Terms shall be governed by the laws of India.

Subject to any mandatory rights or remedies available under applicable law, disputes arising from or relating to these Terms or DataMail shall be subject to the competent courts having jurisdiction at Jaipur, Rajasthan, India.

26. Contact

Data Xgen Technologies Pvt. Ltd.
DataMail
Website: https://www.datamail.in/
General Support: support@datamail.in
Abuse Reporting: abuse@datamail.in
Privacy: privacy@datamail.in
Registered/Corporate Office: Jaipur, Rajasthan, India