TrekMail — Terms of Use

1. Introduction and Definitions

1.1. The Agreement

These Terms of Use ("Terms") constitute a legally binding agreement between you ("Customer," "User," "you," or "your") and TrekGuider Inc., a Delaware corporation ("TrekMail," "we," "us," or "our"), governing your access to and use of the TrekMail email hosting platform, websites, dashboards, APIs, file storage features, and related services (collectively, the "Services").

By creating an account, connecting a domain, purchasing or using a Service, or using an automated endpoint that TrekMail expressly makes available for account creation or transactions, you confirm that you have read, understood, and agree to be bound by these Terms and the Acceptable Use Policy incorporated into them. Our Privacy Policy explains how we process personal information and is provided as a notice. If you do not agree to these Terms, you must not access or use the Services.

1.2. Key Definitions

• "BYO SMTP": ("Bring Your Own SMTP") Functionality enabling you to send email through a third-party SMTP provider using credentials you supply, bypassing TrekMail's internal delivery infrastructure. BYO SMTP may be configured at the account level and/or on a per-domain basis ("Per-Domain SMTP"), allowing different domains to route outbound email through different SMTP configurations.
• "Managed SMTP": TrekMail-provided outbound email delivery services and related deliverability controls.
• "Customer Content": All content and data submitted, uploaded, stored, sent, received, routed, imported, shared, or otherwise processed through the Services by you, including email message content, headers, attachments, mailbox data, shared mailbox (team inbox) content, calendar and event data, contact and address book data, Drive files, folder and file metadata, public link settings, and related service metadata.
• "Documentation": Our public documentation pages and in-product help materials.

2. Account Registration and Security

2.1. Eligibility and Authority

To use the Service, you represent and warrant that:

• You are at least 18 years of age (or the age of majority in your jurisdiction).
• You are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions (e.g., sanctions).
• If you are registering on behalf of a legal entity (e.g., a company), you have the full legal authority to bind that entity to these Terms.

2.2. Authentication Methods

You may authenticate to the Service using email/password credentials or, where available, third-party social login providers (such as Google, Facebook, X/Twitter, or Microsoft). When using social login, your authentication is subject to the third-party provider's terms and privacy policy. You may link multiple social accounts to a single TrekMail account and manage these connections from your account settings.

2.3. Account Responsibilities

You are solely responsible for:

• Maintaining the confidentiality of your login credentials, API keys, and any linked social accounts.
• All activities that occur under your account, including actions by your employees, contractors, or end-users.
• Updating your billing and contact information to keep it current.

Notification: You must notify us immediately via the Dashboard Ticket System of any unauthorized use of your account. TrekMail is not liable for any loss or damage arising from your failure to protect your credentials.

2.4. Registration Integrity

To maintain a safe and trustworthy platform, you agree that:

• No Brand Impersonation: You may not register using an email address that contains "TrekMail," "TrekGuider," or any other trademark or brand name owned by TrekGuider Inc. (e.g., trekmail@example.com). Such registrations may be suspended without notice.
• No Disposable or Throwaway Email Addresses: You must register with a permanent, functioning email address under your ownership or control. Accounts registered with disposable, temporary, or single-use email providers are prohibited and may be terminated immediately.
• Automated Registration: You may not use bots, scripts, or automated tools to create accounts through interfaces intended for human users. An automated system or electronic agent may create an account only through an API, MCP tool, or other endpoint that TrekMail expressly designates for automated registration. The Account Owner is responsible for authorizing and supervising the agent and for actions taken within the authority granted to it. This exception does not permit scraping, circumvention of access controls, interference with the Services, or automated use of any interface not designated for that purpose.
• No Competitive Intelligence Accounts: Creating accounts for the sole purpose of monitoring, benchmarking, scraping, or gathering competitive intelligence about the Service is prohibited.
• Inactive Account Cleanup: Accounts with no domain, no mailbox, and no meaningful activity within 30 days of registration may be automatically removed without notice.

3. Platform Features and Specific Terms

3.1. BYO SMTP (Bring Your Own SMTP)

If you enable BYO SMTP features:

• Authorization: You explicitly authorize TrekMail to use the SMTP server settings and credentials you provide — whether configured at the account level or for a specific domain (Per-Domain SMTP) — solely to send email on your behalf through your chosen third-party SMTP provider.
• Third-Party Liability: Your use of a third-party SMTP provider (e.g., Amazon SES, SendGrid, Mailgun) is governed by that provider's terms. TrekMail is not responsible for their availability, rate limits, blocks, or deliverability outcomes.
• Credential Security: You are responsible for keeping your third-party SMTP credentials secure and for rotating them if you suspect compromise.

3.2. Migration and Import Tools

If you use our migration tools (e.g., IMAP import):

• Authorization: You represent that you have the legal right and authorization to access and import the data from the source account.
• No Guarantee: Migration depends on third-party systems (your prior provider) and may be subject to their rate limits or technical constraints. We do not guarantee that migration will be error-free or complete.

3.2a. Connected Accounts (External Mailboxes)

If you connect an external mailbox (such as Gmail, Yahoo, iCloud, Outlook.com / Microsoft 365, or any other IMAP account) to read and send from it inside TrekMail:

• Authorization: You represent that you own, or are authorized to access, each mailbox you connect, and that connecting it does not violate that provider's terms.
• Credentials and Tokens: You authorize TrekMail to use the application password or, for Microsoft accounts, the OAuth tokens you grant, solely to access that mailbox on your behalf — to display its mail and to send from its address through the provider's own outgoing servers. Disconnecting an account revokes TrekMail's active use of those credentials or tokens and schedules their removal from active systems, subject to limited security records and backup cycles.
• Third-Party Liability: Each connected mailbox remains governed by its provider's terms and privacy policy. TrekMail is not responsible for that provider's availability, rate limits, blocks, changes to its sign-in requirements, or deliverability outcomes.
• Credential Security: You are responsible for keeping your application passwords secure, for revoking OAuth access if you suspect compromise, and for maintaining any two-factor or app-password settings the provider requires.

3.3. Bulk Domain Import

If you use our bulk domain import features:

• Authorization: You represent and warrant that you have the legal right to register and use each domain you import, and that you have proper authorization from the domain owner (if not yourself).
• Plan Limits: Bulk imports are subject to your subscription plan's domain limits. Domains exceeding your quota will not be created.
• Audit Logging: For security and accountability purposes, bulk domain operations (including deletions) are logged with timestamps and operator identifiers.

3.4. AI Transparency and Automated Enforcement

TrekMail uses automated systems (including AI/Machine Learning and rules-based logic) to protect the Service. These systems may:

• Detect suspicious logins or abuse patterns (e.g., "snowshoe" spamming).
• Identify spam, malware, phishing, or policy violations.
• Automatically trigger controls such as throttling, pausing outbound sending, or blocking accounts.

If you believe an automated restriction was applied in error, you may request human review via a support ticket.

3.5. API Access and MCP Server

If you use the TrekMail REST API or connect AI agents via the MCP (Model Context Protocol) server:

• Token Security: API tokens are credentials equivalent to passwords. You are responsible for storing tokens securely, restricting their scopes to the minimum required, and revoking tokens that are no longer needed or may be compromised.
• Plan-Based Access: API capabilities are determined by your subscription plan, the scopes granted to the relevant credential, and the controls described in the Documentation and authorization interface. Available capabilities may change when you change plans or revoke or modify a credential.
• Rate Limits: API requests are subject to rate limits, quotas, cooldowns, and abuse controls that may vary by credential, plan, operation, and risk. A rejected request may return a 429 Too Many Requests response or another applicable error described in the Documentation.
• Safety Controls: Certain sensitive or destructive operations may require confirmation, an idempotency key, additional authorization, or other safeguards described in the Documentation. You may not bypass or interfere with those safeguards.
• Audit Logging: We may record API and agent activity, including credential, resource, network, and timestamp information, for security, support, abuse prevention, and accountability. Available audit information may be displayed in the dashboard or otherwise made available through the Services.
• MCP Server: The TrekMail MCP server is provided for connecting compatible AI agents and applications. Available actions depend on the credential scopes, plan, configuration, and safeguards presented in the Documentation or authorization interface. You are responsible for the agents and applications you authorize and for actions taken within the authority you grant them.
• Programmatic Email Access: Where available, scoped credentials may grant programmatic access to read or send email from specified mailboxes. You are solely responsible for all email sent through credentials you issue or authorize, including email sent by AI agents or automated systems, and must comply with the Acceptable Use Policy at all times.
• Prohibited Use: You may not use the API to circumvent plan limits, scrape data at scale, resell API access, or automate actions that violate our Acceptable Use Policy (Section 5).
• Email Verifier: The Email Verifier feature allows you to validate email addresses using verification credits. Credits are consumed per email submitted, regardless of the verification outcome (valid, invalid, or unknown). Credits are deducted upfront when a verification job is submitted. Monthly free credits reset on your billing date and do not roll over. Purchased credits do not expire. Email addresses submitted for verification are ordinarily retained in active result storage for up to 15 days and are then scheduled for deletion, subject to limited operational, security, and backup records described in the Privacy Policy. You may not use the Email Verifier to harvest, scrape, or validate email addresses obtained without consent, or to facilitate unsolicited email campaigns in violation of the Acceptable Use Policy (Section 5).

3.6. Marketplace Purchases (ClickBank, JVZoo)

If you purchase a TrekMail subscription through an authorized third-party marketplace (such as ClickBank or JVZoo):

• Merchant of Record: The marketplace operator acts as the merchant of record for your initial purchase. Your payment is processed by the marketplace, and the marketplace's refund policy, terms of sale, and dispute resolution procedures govern that transaction.
• Account Provisioning: Upon successful purchase verification, TrekMail will provision your account with the corresponding subscription plan. You may be required to verify your identity by providing the email address and transaction receipt associated with your marketplace purchase.
• Transition to TrekMail Billing: If your marketplace subscription is cancelled, expires, or is not renewed through the marketplace, you may transition to direct TrekMail billing (via Stripe) to maintain uninterrupted service. Upon such transition, subsequent billing is governed entirely by these Terms.
• Security Review: TrekMail reserves the right to place marketplace-originated accounts under security review prior to activation to prevent fraud and abuse. Accounts flagged during review may be temporarily restricted pending manual verification.
• Applicable Terms: Once your TrekMail account is provisioned, all provisions of these Terms apply in full, regardless of the original purchase channel.

3.7. Referral Program

TrekMail may offer a referral program permitting existing customers to refer new users:

• Eligibility: Referral rewards are available to customers with an active TrekMail account in good standing. Referral rewards are separate from and independent of the Affiliate Program.
• Reward Structure: Referral rewards (such as free subscription months or account discounts) are granted at TrekMail's sole discretion and are subject to change without prior notice. Specific reward tiers and conditions are described on the referral program page within the Service.
• Confirmed Referrals: A referral is confirmed only upon the referred user's first successful paid subscription. Trial signups alone do not qualify.
• Prohibited Conduct: Self-referrals, fake signups, and any scheme to artificially generate referral rewards are strictly prohibited and may result in forfeiture of all pending rewards and account suspension.
• Modification or Discontinuation: TrekMail reserves the right to modify, suspend, or discontinue the referral program at any time, with or without notice. Rewards already confirmed and credited prior to discontinuation will be honored.

3.8. TrekMail Drive, Account Drive, and Public Links

TrekMail Drive and Account Drive allow you to store files, organize folders, share certain folders within your account, and create public download links. Drive files and related metadata are Customer Content.

• Public Links: Public download links are bearer links. Anyone who obtains the link may access the linked file until the link expires, reaches its download limit, is revoked, is deleted, or is disabled. You are responsible for selecting the files you share, setting appropriate limits, and sending links only to intended recipients.
• Shared Folders: Account-level shared folders may allow mailbox users in your account to view, upload, modify, move, or delete files according to the controls available in the product. Unless the product expressly provides a more restrictive permission level, you must treat shared folders as accessible and writable by authorized mailbox users in the account.
• Storage Pool: Email, attachments, Drive files, Account Drive files, large attachment links, Trash, and related stored objects may count against your account storage pool. If your account reaches or exceeds available storage, new Drive uploads may be blocked, inbound email may bounce or be rejected, and other storage-dependent features may be restricted until usage is reduced or storage is increased.
• Abuse and Enforcement: TrekMail may remove, restrict, disable, or preserve files, folders, public links, or related records where we reasonably believe doing so is necessary to enforce these Terms, the Acceptable Use Policy, applicable law, third-party rights, or the security and integrity of the Services.

3.9. Calendar and Contacts

Where available, TrekMail provides calendar and contacts (address book) features, accessible through Webmail and, where enabled, through compatible CalDAV and CardDAV clients. Calendar entries, contact records, and related data are Customer Content.

• Third-Party Personal Data: Calendar events and contact records may contain personal data of third parties (such as event attendees or saved contacts). You represent that you have a lawful basis to store and process such data through the Services and that your use complies with applicable law.
• Acceptable Use: You may not use calendar invitations, contact features, or related notifications to send, facilitate, or disguise unsolicited, deceptive, or otherwise prohibited communications (see the Acceptable Use Policy in Section 5).
• Client Security: Where CalDAV/CardDAV access is enabled, you are responsible for the security of any device or client you connect and for the credentials used to access these features.

3.10. Shared Mailboxes (Team Inboxes)

Shared mailboxes (team inboxes) allow multiple mailbox users within your account to access a common mailbox. Messages and content within a shared mailbox are Customer Content.

• Member Access: Members you add to a shared mailbox may be able to read, send, and act on messages within that shared mailbox in accordance with the controls available in the product. You are solely responsible for determining who is granted membership and for promptly removing members who should no longer have access.
• Your Responsibility: You are responsible for ensuring that shared access is appropriate for the data held in the shared mailbox and that your use complies with applicable law and any obligations you owe to third parties whose data may appear in the shared mailbox.

3.10a. Account Members and Delegated Access

Where the Services allow you to invite account members, administrators, clients, contractors, or other authorized users, the Account Owner is responsible for selecting their roles and access, confirming that each person is authorized to access the relevant domains and Customer Content, and promptly suspending or removing access when it is no longer appropriate. Actions taken by an authorized member within the access granted to that member are treated as actions of the Account. The Account Owner remains responsible for the Account's subscription, billing, and compliance with these Terms.

3.10b. Read Receipts

Where available, a sender may request a standard message disposition notification or read receipt. The recipient or the recipient's email provider decides whether a receipt is returned, and TrekMail does not guarantee that a receipt will be requested, delivered, accurate, or available for every message. Receipt status and related message identifiers are treated as service metadata associated with the relevant mailbox.

3.10c. White Label and Reseller Use

Where White Label features are available, TrekMail grants the Account Owner a limited, revocable, non-exclusive, non-transferable right to configure supported customer-facing interfaces with names, domains, logos, colors, and support information the Account Owner is authorized to use. The Account Owner authorizes TrekMail and its service providers to host those materials and to configure the domains, certificates, and service communications necessary to provide the selected features.

A reseller remains the contracting and support party for its own customers, may not bind TrekMail or make warranties on TrekMail's behalf, and is responsible for providing any notices, terms, permissions, and support required for those customers. The White Label trial lasts 30 days. Unless canceled before the displayed conversion date, the trial converts to the monthly or annual subscription selected at checkout and the first charge is made on day 30. After a paid period or trial entitlement ends, a seven-day grace period applies for reactivation before the branded host is retired or reverted as described in the Documentation, provided the underlying Account remains active and is not restricted for abuse, security, or legal reasons.

3.11. Dedicated IP (Pre-Launch Interest)

TrekMail may allow you to register interest in a future Dedicated IP add-on. Registering interest does not create any obligation on TrekMail to make the add-on available to you, at any particular price, on any particular timeline, or at all. Any availability, features, pricing, and terms of a Dedicated IP add-on will be described at the time the add-on is actually offered, and your use of it will be subject to these Terms and any additional terms presented at that time. Information you submit when registering interest is processed in accordance with our Privacy Policy.

4. Fees, Billing, and Refunds

4.1. Payment Methods

We support multiple payment methods, including:

• Card Payments: Processed via Stripe (or designated processor). Where supported by your device, browser, and region, digital wallet options such as Apple Pay and Google Pay are also available through Stripe's payment interface.
• Crypto Payments: Processed via third-party crypto processors (e.g., NOWPayments), where offered. Crypto payments are typically non-refundable and may not support automatic renewal. Cryptocurrency transactions are subject to the processor's terms and to applicable payment, anti-money laundering, sanctions, and other legal requirements. TrekMail reserves the right to decline or reverse cryptocurrency transactions that fail applicable compliance screening.

4.2. Renewals

• Auto-Renewal: Card-based subscriptions automatically renew at the end of each billing cycle unless canceled.
• Trials: The mail hosting trial lasts 14 days. The Drive Storage trial and the White Label trial each last 30 days. Unless canceled before the displayed conversion date, an eligible trial automatically converts to the subscription selected at checkout and the first charge is made on the displayed date. The price, billing frequency, trial eligibility, first charge date, and renewal information shown at checkout control the specific offer.
• Manual Renewal: Plans paid via Crypto or non-recurring methods will expire at the end of the paid term unless manually renewed by you.
• Cancellation: You may cancel an auto-renewing subscription at any time through self-service controls in the TrekMail Dashboard (for example, in the Billing or Plans area), without contacting support and without obstruction. Cancellation stops future renewals and takes effect at the end of the then-current paid term; except where required by applicable law, fees already paid are non-refundable as described in Section 4.4. Where a subscription was started through a third-party marketplace, you may need to manage cancellation through that marketplace as described in Section 3.6.

4.3. Drive Storage Add-on

The Drive Storage Add-on is an optional paid subscription that increases your account storage pool. It may renew on a billing schedule separate from your mail hosting plan and may appear as a separate subscription or invoice line. Unless stated otherwise at checkout, Drive Storage Add-on fees are billed in advance and renew automatically until canceled.

If a Drive Storage Add-on payment is not successfully collected and payment retries fail, or if you cancel the Add-on and the paid period ends, the Add-on capacity is removed according to the product flow. A limited seven (7) day read-only grace period applies, during which uploads are blocked or restricted while downloads and access may continue. If the account remains over its remaining storage cap after that grace period, TrekMail may permanently and irreversibly delete Drive files, including files in shared folders, Trash, or files referenced by public links, until the account fits within its available storage.

You are responsible for exporting, deleting, or otherwise reducing Drive usage before Add-on capacity ends. TrekMail does not guarantee preservation of files, folders, public links, or specific file order during quota cleanup.

4.4. No Refunds

Except where required by applicable law or expressly stated otherwise at checkout, all fees are non-refundable and non-creditable. Cancellation prevents future renewals but does not provide a refund or credit for an unused portion of the current monthly or annual billing period. Requests concerning an erroneous, duplicate, unauthorized, or legally refundable charge must be submitted through the TrekMail Support Center. Submission of a request does not guarantee that a refund or credit will be issued.

5. Acceptable Use and Anti-Spam Policy (AUP)

TrekMail maintains a Zero Tolerance policy for spam.

The standalone Acceptable Use Policy is incorporated into these Terms. If a summary in this Section conflicts with that policy, the more specific restriction applies.

5.1. Strict Prohibition on Cold Outreach and Spam

You may NOT use the Service to send, store, host, link to, transmit, publish, distribute, or make available:

• Unsolicited Bulk Email (UBE) or Unsolicited Commercial Email (UCE).
• "Cold" emails to recipients who have not explicitly opted in.
• "Snowshoe" campaigns (spreading spam across many domains/IPs to evade filters).
• Emails to lists purchased, rented, scraped, or harvested from third-party sources.
• Files, links, or messages used to support spam, phishing, malware delivery, deceptive downloads, or unlawful bulk distribution.

5.2. Prohibited Content and Activities

You agree not to use the Service to:

• Send, host, share, or facilitate fraudulent, deceptive, or phishing content.
• Distribute, store, link to, or make available malware, ransomware, spyware, exploit payloads, credential theft tools, or other harmful code.
• Impersonate any person or entity ("spoofing").
• Host, store, transmit, or make available illegal content, including child sexual abuse material, non-consensual intimate imagery, terrorist content, or content that violates third-party intellectual property, privacy, publicity, or other legal rights.
• Use Drive, public links, or large attachment links as a public file distribution network, content delivery network, warez host, traffic laundering system, or bandwidth-abuse service.
• Use calendar invitations, contact features, shared mailboxes, or related notifications to send, facilitate, or disguise unsolicited, deceptive, or otherwise prohibited communications.
• Interfere with the Service (DDoS, stress testing, bypassing authentication).

5.3. Enforcement

Violation of this Section may result in immediate blocking of domains, disabling of files or public links, suspension of account, preservation or deletion of content where appropriate, reporting to competent authorities, or termination without refund.

5.4. Prohibited Registration and Reconnaissance Practices

In addition to the prohibitions above, you may not:

• Create accounts using disposable, temporary, or catchall email domains.
• Register multiple accounts from the same IP address or device for the purpose of evading restrictions or plan limits.
• Use the Service — including the free tier — exclusively to reverse-engineer pricing, features, UX flows, or technical architecture for competitive purposes.
• Register using an email address that incorporates third-party brand names or trademarks.

Violations of this section may result in immediate account suspension, IP blocking, and reporting to relevant authorities where applicable.

6. Intellectual Property and Content

6.1. Customer Content

You retain ownership of your Customer Content. You grant TrekMail a limited, worldwide, non-exclusive license to host, copy, transmit, store, process, display, make available at your direction, and otherwise handle Customer Content solely as necessary to provide, secure, maintain, support, and enforce the Services.

6.2. TrekMail IP

TrekGuider Inc. retains all rights, title, and interest in the Service, including its software, logos, trademarks, and documentation. You may not reverse engineer, decompile, or copy the Service except to the limited extent applicable law permits the activity despite this restriction or our Security & Vulnerability Disclosure Policy expressly authorizes it.

6.3. DMCA / Copyright Policy

If you believe content hosted on TrekMail infringes your copyright, send a notice complying with the Digital Millennium Copyright Act (DMCA) to the postal address listed in Section 15. To report illegal content, rights-infringing material, or abuse available through a TrekMail public link, submit the exact URL, an explanation of the issue, your name, and contact information through a support ticket from a TrekMail account. Creating a basic account for access to the Support Center is free. We may disable access to specific files or links, preserve related records, contact the account owner, or take other action required by law or our policies.

7. Portability and Switching

The following provisions describe TrekMail's generally available portability and switching practices. Additional non-waivable rights may apply under Regulation (EU) 2023/2854 (the EU Data Act) or other applicable law.

• Available Export Methods: While your account remains active and accessible, you may use the export, download, synchronization, API, IMAP, and other portability tools then made available for the relevant product and plan. Formats, scope, and availability vary by data type and feature; Customer Content that is not covered by a self-service bulk export may need to be downloaded through the ordinary product interface.
• Switching: You may cancel your subscription and use available export methods during the period in which the account and relevant data remain accessible, subject to these Terms, the Privacy Policy, abuse and security restrictions, and applicable retention or deletion deadlines.
• Fees: TrekMail does not currently charge a separate switching fee for use of its ordinary self-service export interfaces. Subscription charges, third-party charges, usage charges, non-refundable paid periods, and services outside those interfaces remain subject to their ordinary terms.
• Transition Period: Upon cancellation or non-renewal, access to data is governed by the product-specific grace periods, retention rules, and deletion rules described in these Terms and our Privacy Policy. For Drive Storage Add-on cancellation or failed payment, do not rely on any grace period longer than the seven (7) day read-only grace period expressly described above.
• No Functional-Equivalence Guarantee: Exported data may require conversion, manual work, or a compatible destination service. TrekMail does not guarantee that another provider will accept or reproduce every feature, setting, permission, folder structure, or metadata field. Public links are a sharing feature, not a complete business migration or backup.

8. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.

TREKGUIDER INC. HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

DELIVERABILITY: Email deliverability depends on factors outside our control (recipient servers, content reputation). We do not guarantee inbox placement.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TREKGUIDER INC. BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL) ARISING OUT OF OR RELATED TO THE SERVICES.

CAP ON LIABILITY: IN NO EVENT SHALL TREKGUIDER INC.'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT OF FIFTY U.S. DOLLARS ($50.00) OR THE AMOUNT YOU PAID US IN THE LAST TWELVE (12) MONTHS, WHICHEVER IS GREATER.

10. Indemnification

You agree to indemnify, defend, and hold harmless TrekGuider Inc. and its officers, directors, and employees from any claim, demand, loss, or damages (including reasonable attorneys' fees) arising out of:

1. Your use of the Services;
2. Your Customer Content;
3. Your violation of these Terms or applicable law.

11. Termination

We may immediately restrict or suspend access where we reasonably believe this is necessary to address abuse, a security risk, non-payment, legal requirements, or a material breach of these Terms. We may also discontinue a Service or terminate an Account for other legitimate business reasons. Where reasonably practicable, we will provide notice through the Account or its registered contact information. Upon termination, your right to use the affected Service ceases, and Customer Content may be retained or deleted in accordance with the applicable product lifecycle and our Privacy Policy. Except where required by applicable law or expressly stated otherwise, termination or suspension does not create a right to a refund or credit.

12. Sanctions and Export Control

You may not access, use, purchase, resell, or facilitate the Services where doing so would cause TrekMail or another person to violate applicable United States economic sanctions or export-control laws, including restrictions involving blocked or restricted persons or prohibited jurisdictions. Eligibility is determined under the laws, sanctions programs, and restricted-party lists in effect at the relevant time. TrekMail may verify compliance and may restrict, suspend, or terminate access where it reasonably believes continued service would violate or expose TrekMail to liability under those requirements.

13. Governing Law

These Terms shall be governed by the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

14. Dispute Resolution: Binding Arbitration & Class Action Waiver

14.1. Binding Arbitration

EXCEPT FOR THE MATTERS LISTED BELOW AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL BE DETERMINED BY INDIVIDUAL BINDING ARBITRATION RATHER THAN IN COURT.

Before filing arbitration, the claimant must give the other party a written description of the dispute and requested relief and allow 30 days for an informal resolution. A customer may submit that notice through the Support Center; formal legal notices to TrekMail may also be sent to the postal address in Section 15. Arbitration is governed by the Federal Arbitration Act and administered by the American Arbitration Association (AAA) under the AAA rules applicable to the dispute. Hearings may occur by telephone, video, documents, or at a reasonably convenient location as permitted by those rules and applicable law. Fees are allocated under the AAA rules and applicable law.

14.2. Exceptions

Either party may bring an eligible individual claim in small claims court. Either party may seek temporary or injunctive relief in a court of competent jurisdiction concerning unauthorized access, misuse, infringement, or misappropriation of intellectual property. Nothing in this Section prevents a person from reporting a matter to a government agency or exercising a non-waivable statutory right.

14.3. Class Action and Jury Trial Waiver

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND TREKMAIL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN A PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING, AND EACH WAIVES A TRIAL BY JURY.

14.4. Severability

If a portion of this Section is found unenforceable, it will be severed to the minimum extent necessary and the remainder will continue to apply. If applicable law does not permit a particular claim or remedy to be arbitrated or waived, only that claim or remedy may proceed in court after all arbitrable matters are resolved.

15. Contact Information

For legal notices, support, and questions regarding these Terms, you must use the following channels. We do not provide support via telephone.

Primary Support:

Submit a ticket via the TrekMail Dashboard. This is the only channel for technical support, account inquiries, and abuse appeals.

Legal Notices (Postal Mail Only):

TrekGuider Inc.
Attn: Legal Department
1207 Delaware Ave, #2058
Wilmington, DE 19806
United States

Note: Notices sent via social media or personal email addresses of employees are not considered valid notice.

16. Changes to These Terms

We may update these Terms prospectively from time to time. Revised Terms become effective when posted unless a later date is stated. Where reasonably practicable or required by law, we may provide additional notice of a material change through the Service or registered contact information. Changes required by law, security, abuse prevention, or urgent operational needs may take effect when posted. If you do not agree to revised Terms, you must stop using the affected Services and may cancel through the available account controls. An update does not retroactively change a charge already paid or a right that applicable law does not permit the parties to waive.

17. Links to Other Policies

• Privacy Policy: Privacy Policy
• Cookie Policy: Cookie Policy
• Security & Vulnerability Policy: Security & Vulnerability Disclosure Policy