Terms of Service

Last Updated: February 12, 2026

These Terms of Service, including any other document referencing these Terms of Service, (collectively, “Agreement”) are entered into between you and Lisem AI Ltd. doing business as “TabMail” (“TabMail”, “we”, “us” or “our”) and govern your access to and use of TabMail’s online services, including but not limited to the TabMail website available at tabmail.ai, including all subdomains (“Website”), the TabMail desktop email platform (“Platform”), the TabMail mobile application (“App”) and any other product or service to which TabMail applies this Agreement (collectively, “Service”).

BY EXECUTING AN AGREEMENT THAT REFERENCES THESE TERMS, BY CLICKING “I AGREE” OR SIMILAR CONFIRMATION, OR BY USING THE SERVICE YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT.

IF YOU ARE AGREEING TO THIS AGREEMENT ON BEHALF OF AN ORGANIZATION, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THE ORGANIZATION TO THIS AGREEMENT AND ARE AGREEING TO THIS AGREEMENT FOR THAT ORGANIZATION. WHERE YOU ARE AGREEING TO THE SERVICE ON BEHALF OF AN ORGANIZATION, “YOU” AND “YOUR” REFERS TO THE ORGANIZATION.

THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS HOW DISPUTES ARE RESOLVED BETWEEN YOU AND TABMAIL. PLEASE READ THE ENTIRETY OF THIS AGREEMENT CAREFULLY.

1. TABMAIL SERVICES

The Service and Platform provide users with access to a privacy-first AI-integrated email and workflow management system. As part of the Service, registered users link their emails to optimize workflow, organize responses and manage their calendars.

2. ACCOUNTS

2.1. Access and Creation. The Service is provided primarily through our Platform and/or App, each of which provides you with the ability to register a single user account (“Account”) directly through the Platform/App or indirectly through a third-party single sign on (for example, your Google account). In order to register an Account on the Platform or App or otherwise use certain features of the Service, you must be: (i) at least 18 years old or the age of majority in your jurisdiction (whichever is older); and (ii) legally authorized to enter into a contract with TabMail. You represent and warrant that you are authorized to enter into this Agreement. In addition to the App and Platform, our Website provides you with access to publicly accessible content, for example, general information about TabMail, the App, the Platform and related content.

2.2. Sign-in Information. As an Account holder, you shall: (a) provide TabMail with accurate contact information, as requested by TabMail, including but not limited to your name, current email address, and such other contact information as required to register; (b) maintain the confidentiality of your Account sign-in information (“Sign-in Information”), which you shall use each time you sign into your Account on the Service; (c) maintain and promptly update your contact and Sign-in Information; (d) use commercially reasonable efforts to manage and ensure the security, confidentiality and authorized use of your Sign-in Information and shall not share it with any other person or entity; and (e) be responsible for all activity through the Service that originates from any Account logged in through your Sign-in Information. By using the Service and registering an Account, you hereby acknowledge that TabMail is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your Sign-in Information. If you detect unauthorized access to or use of your Account, you shall promptly notify TabMail of such unauthorized access or use. For more information on the information TabMail may collect as part of the Account registration process, please review our Privacy Policy, available here.

3. SUBSCRIPTION

3.1. License and Subscriptions. TabMail hereby grants you a limited, non-exclusive, non-transferrable, non-sublicensable, royalty-free, revocable license to access and use, in accordance with this Agreement, the: (a) App and/ or Platform through a single registered Account and trial or paid subscription (each, a “Subscription”); and (b) Website. The Service usage and license rights, functionality and features associated with your Subscription are as agreed to between you and TabMail.

3.2. Subscription and License Limitations. You shall use the Subscription solely for your personal purposes and/or your (or your organization’s) internal business purposes for the duration of the Agreement (“Term”). Further details on the Subscription may be available on App, Platform, Website or other agreement between you and TabMail. You are not permitted to share your Subscription with any other person or entity, and TabMail reserves the right to cancel your Subscription, terminate your Account, or exercise its discretion in limiting or suspending your ability to access the Service in the event you breach this Agreement. Your failure to comply with this Agreement may result in automatic termination of your Account or your access to the Service.

4. USE OF THE SERVICE

4.1. Features. Service features, functionality, usage and rate limits, integrations, priorities and other components of the Service associated with your Subscription (collectively, “Features”) are as described in your applicable Subscription package. Features may include but are not limited to: email autocompletion, AI agent requests, prompt engineering, personalized AI customizations, custom integrations, and related offerings. The Features available under a Subscription are subject to change on one or more occasions at any time and without notice. Current information regarding Subscriptions, Features and pricing is available on the TabMail Pricing Page.

4.2. Authorized Use. All users are required to use the Service in conformance with all applicable laws and regulations and shall not:

as determined by TabMail in its sole discretion. Failure to comply with this Section may result in termination of your access to the Service and your Account (as applicable) and/or legal consequences.

4.3. Excess Usage. TabMail reserves the right to monitor and reasonably restrict your ability to use the Service if using excessive computing resources impacting performance of the Service for TabMail and/or other users, as determined by TabMail acting reasonably. TabMail shall provide you with prior written notification in cases where it restricts such use and use good faith efforts to determine an appropriate alternative or workaround solution prior to restricting your ability to use the Service.

4.4. Availability. The Service may be unavailable due to maintenance or unforeseen cause beyond TabMail’s reasonable control, including but not limited to, internet service provider issues, power or communications network failures, denial of service attacks or similar attacks, or any force majeure events. Such Service unavailability does not constitute a breach of the Agreement. TabMail disclaims all liability relating to Service unavailability.

4.5. Third Party Applications. The Service may feature integrations and embedded third-party services (“Third Party Services”). The Agreement does not grant any license, right, title or interest in Third Party Services and you may be required to enter into agreements with one or more third parties in order to use such Third Party Services, which agreements you are solely responsible for determining the suitability of. If you use Third Party Services, TabMail may permit Third Party Services to access User Data (as defined below) as required for the integration or use of such Third Party Services with the Service and as further permitted by TabMail’s Privacy Policy. Integration of Third Party Services is contingent upon third parties permitting TabMail to integrate the Service with their respective Third Party Services and such permission and/or integration may end at any time without notice or compensation to you.

4.6. Privacy Policy. Use of the Service is governed by a Privacy Policy detailing how TabMail collects, uses and discloses personal and anonymous data about you and is available here, as updated on one or more occasions. You are responsible for reading the Privacy Policy and TabMail strongly recommends you review the Privacy Policies of those third-parties who may have Third Party Services integrated into the Service. If you disagree with TabMail’s then-current Privacy Policy, you must immediately stop use of the Service and contact TabMail at [email protected].

5. ARTIFICIAL INTELLIGENCE

5.1. AI Disclaimer. Certain aspects of the Service use large-language models and artificial intelligence (“AI”), which enable machine learning capabilities and predictive analysis to generate outputs (“AI Content”) from specific data inputs within the Service, including by assessing inputs and content you upload or provide when using the Service (“AI Features”). These AI Features are provided by the Service’s integration with technology provided by Groq and other third-party AI service providers. We use commercially reasonable efforts to select reputable AI providers and configure them consistent with our Privacy Policy. By using the Service, you agree that your use of the AI Features is permitted by all applicable laws of your jurisdiction. You represent and warrant that you have all necessary right, title and interest to any data inputs used for the AI Features and that any such data inputs provided by third parties are collected, used and shared in accordance with applicable laws, including but not limited to privacy laws. Use of the AI Features are provided on an “AS IS” and “WHEN AVAILABLE” basis. TabMail does not routinely monitor, review, or retain AI inputs or outputs except as transiently required to provide the Service in accordance with this Agreement and the Privacy Policy.

5.2. AI Outputs. AI Content and related outputs the Service generates through AI Features may not be entirely accurate and may result in inappropriate, offensive or contextually incorrect content or otherwise produce hallucinations, misunderstandings, errors, omissions, inconsistencies or other inaccuracies. You acknowledge and agree that any AI Content or other outputs produced by the AI Features do not reflect the beliefs, opinions, or advice of TabMail or any of its Representatives (defined below). AI Content does not constitute legal, financial, medical or any other professional advice. TabMail disclaims all representations, warranties and covenants as to the accuracy and/or completeness of any AI Content. You are responsible for verifying all AI Content and related outputs for accuracy and completeness and revising or editing such outputs, as may be reasonably required, before using them on the Service or otherwise sharing them with third parties. You retain all right, title and interest to the AI Content produced by the AI Features. You may opt out of the use of AI Features but choosing to do so may impact your use of the Service or the Service’s availability. In the event that any of the AI Features or AI Content produce inappropriate outputs, we strongly encourage you to report such outputs to us immediately by emailing [email protected].

5.3. AI Acceptable Use Policy. By using any of the AI Features, you hereby represent and warrant that you will not, nor will you authorize anyone on your behalf to:

as determined by TabMail in its sole and absolute discretion.

6. FEES & PAYMENT

6.1. Subscription Service Plans. Each Subscription requires you to agree to a specific tier through the Website, Platform, App, or other platform through which you access the Service. Your Subscription tier may contain access to different Features. If selecting a trial Subscription, you agree that such trial shall automatically convert into a paid Subscription at the end of the trial, on such terms as previously agreed by you, unless such Subscription is terminated prior to expiration of the trial by cancelling your use of the applicable Subscription. In certain instances, TabMail may offer you with a customized Subscription, the terms of which shall be negotiated under a separate agreement between you and TabMail, incorporating the terms of this Agreement.

6.2. Fee Payment. You shall pay TabMail the Subscription fee agreed to when selecting your applicable Subscription tier (“Subscription Fee”), as well as any additional fees and charges agreed to by you and TabMail, including but not limited to any in-App or in-Platform purchases (“Additional Fee”). You shall be automatically charged the Subscription Fee for each Term and Renewal Term (defined below) you continue to use the Service. Subscription Fees and Additional Fees are non-refundable except where expressly permitted by TabMail in writing or in accordance with the laws of your jurisdiction. TabMail may increase the Subscription Fee by providing written notice of the change at least 30 days before the start of a Renewal Term. If you elect to pay by credit card, you hereby authorize TabMail or a third party designated by TabMail (for example, Stripe) to charge the credit card you provide for all fees owed to TabMail. By providing your credit card or other payment information to TabMail or a designated third party, you represent and warrant that: (a) you have the legal right to use any credit card(s) or other payment method(s) in connection with your payments to TabMail; and (b) the information you provide for payment purposes is true, correct and complete. You shall provide a valid credit card and if such credit card changes or expires, or is revoked, disputed or not valid for any other reason, TabMail may suspend your use of the Service or otherwise terminate the Agreement. By submitting payment information, you grant TabMail the right to provide such information to third parties, for the purpose of facilitating your purchases with TabMail. TabMail reserves the right to refuse or cancel any Subscription Fee, Additional Fee, or other purchase with TabMail for reasons including but not limited to suspected fraud or any other reason, as determined in TabMail’s sole and absolute discretion.

6.3. Subscription Changes. You may upgrade your Subscription by paying an Additional Fee (prorated to the date of the month or year in which you upgraded and payable on the subsequent Subscription Fee billing cycle) or downgrade, upon TabMail’s approval of your downgrade request. Subscription downgrades take effect at the end of your current Subscription Fee billing cycle, and you will have access to all Features available under your current Subscription tier until the end of such billing cycle.

6.4. Cancellation. You may cancel your Subscription at any time during the Term directly through the App and/or Platform. Upon your cancellation of a Subscription: (a) you remain liable for all charges and fees accrued under your Subscription and shall not receive a refund for any Subscription Fee or Additional Fee already paid; and (b) access to your Subscription will automatically terminate and all associated data including your Account and Sign-in Information, to the extent held by TabMail, deleted, except as expressly provided for in the Agreement and Privacy Policy.

6.5. Overdue Invoice. Following your failure to pay an invoice or any fees due and owing to TabMail, TabMail may suspend your Account or access to the Service and, before reinstating your Account or resuming the Service, may require that you pay: (a) all outstanding amounts; and (b) all amounts that will become payable during the remainder of the Term.

6.6. Taxes. Subscription Fees as well as any Additional Fees and other charges agreed to by you and TabMail exclude taxes, duties and charges, which you shall pay.

6.7. Refunds. You are not entitled to a refund unless otherwise required by applicable law. In exceptional circumstances, TabMail may offer refunds upon request, in TabMail’s sole and absolute discretion. If you believe you qualify for a refund, please contact TabMail at [email protected] with the phrase “Refund Request” in the subject line and a description of your refund request in the body of the email.

7. TERM & TERMINATION

7.1. Term. The Agreement is effective on the earliest of: (a) in the case of access to the Website, the date you first access the Website; (b) if a Subscription, the date you sign up for such Subscription; or (c) such other date as agreed to between you and TabMail in writing.

7.2. Term Duration. The Term of a Subscription runs until such Subscription is terminated pursuant to the Agreement. The Term for a paid Subscription is monthly, yearly, or such other duration set forth as may be set out on the App, Platform and/or your Account, thereafter automatically renewing for the same such period (each renewed Term, a “Renewal Term”).

7.3. Termination. The Term terminates upon the earliest of:

Following termination, TabMail may, but is not obligated to, retain certain User Data (defined below) and Account Information, as required to permit you to restore your Account and/or Subscription. Further information on TabMail’s data retention practices are available in our Privacy Policy.

8. OWNERSHIP

8.1. Service Ownership. The Service, Features and constituent parts thereof are the proprietary property of TabMail and its licensors, and all right, title and interest in and to, including all associated intellectual property rights, remain with TabMail and its licensors. Certain aspects of the Service may incorporate third-party software components which are governed by their respective licenses. You may not remove or modify any proprietary marking or restrictive legends in the Service. The Agreement does not convey any right, title or interest in, or constitute the sale of any right to, the Service, Subscription or Account. You acknowledge and agree that you have no ownership or other property interest in your Account and that all rights in and to your Account are and shall be forever owned by and inure to the benefit of TabMail, excluding User Data. The trademarks, logos, and service marks (collectively, “Trademarks”) displayed on the Service are registered and unregistered marks of TabMail or are otherwise used in accordance with applicable law. Nothing contained in the Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without TabMail’s written permission. TabMail reserves all rights unless expressly granted in this Agreement.

8.2. Source-Available Code. Certain TabMail components may be made available in source code form (for example, via TabMail-controlled repositories) under separate license terms (each, an “Applicable Code License”). Your rights to use, copy, modify, create derivative works from, and/or distribute that source code are governed solely by the Applicable Code License for that code, not by this Agreement.

For clarity, this Agreement governs your access to and use of the Service (including hosted services, APIs, and any proprietary components) and does not limit rights granted to you under an Applicable Code License. If there is a conflict between this Agreement and an Applicable Code License with respect to the applicable source code, the Applicable Code License controls for that source code.

8.3. User Data. Data that you provide in connection with your Account or otherwise upload or transmit through the Service (“User Data”) is and shall remain your sole property. Any and all right, title and interest in and to User Data, including all associated intellectual property rights, remain with you. By using the Service you represent and warrant that you have all necessary right, title and interest to the User Data you provide to TabMail under applicable laws, including but not limited to intellectual property and privacy laws. You are solely responsible for your User Data and any other content you upload on the Service. By using the Service, you agree that TabMail may use, store and modify User Data in order to: (a) provide the Service; (b) create anonymous aggregated or statistical data (or both); (c) improve or otherwise modify the Service; (d) create new products and services; (e) analyze the Service and its use and publishing the results of such analysis; and (f) deliver you relevant information and communications, in addition to other purposes described in the TabMail Privacy Policy.

8.4. User Feedback. You hereby grant TabMail a non-exclusive, perpetual, irrevocable, worldwide, royalty-free license to use any feedback you provide regarding the Service. Such feedback is deemed to not be Confidential Information and nothing in this Agreement shall operate to limit TabMail’s use of such feedback.

9. DISCLAIMER; LIMITATION OF LIABILITY

9.1. DISCLAIMER. THE SERVICE IS PROVIDED TO YOU “AS IS” AND “WHEN AVAILABLE” AND YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE MAY BE IN BETA OR ANOTHER ACTIVE DEVELOPMENT STAGE SUCH THAT THE SERVICE MAY CHANGE OR BE SUBJECT TO BUGS AND OTHER LIMITATIONS. TABMAIL DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TO THE EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE FOREGOING, TABMAIL MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, CONTINUOUSLY AVAILABLE, ERROR FREE, WILL NOT HARM COMPUTERS, MOBILE DEVICES OR ANY ATTACHED DEVICES, NOT RESULT IN LOST DATA OR BE SECURE AGAINST UNAUTHORIZED ACCESS. TABMAIL IS NOT RESPONSIBLE FOR ANY CONTENT THAT YOU OR OTHER USERS POST ON THE SERVICE, NOR DOES TABMAIL ASSUME RESPONSIBILITY FOR THE IDENTITY, INTENTIONS OR LEGITIMACY OF ANY USERS YOU MAY INTERACT WITH ON THE SERVICE.

NO ORAL ADVICE OR WRITTEN INFORMATION PROVIDED BY TABMAIL, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR ASSIGNS (“REPRESENTATIVES”), WILL CREATE ANY WARRANTY AND YOU SHALL NOT RELY UPON SUCH ADVICE OR INFORMATION. YOU BEAR THE ENTIRE RISK AS TO THE PERFORMANCE, OPERATION AND QUALITY OF THE SERVICE.

9.2. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TABMAIL AND ITS REPRESENTATIVES SHALL NOT BE LIABLE TO YOU FOR ANY CLAIM, LOSS OR DAMAGE OF ANY KIND ARISING OUT OF OR RELATING TO THE SERVICE OR THIRD PARTY SERVICES INCLUDING WITHOUT LIMITATION CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, LOSS OF DATA, LOSS OF PROFITS, LOSS OF GOODWILL, PERSONAL INJURY OR DEATH AND ANY AND ALL OTHER TANGIBLE AND INTANGIBLE DAMAGES OR LOSSES, EVEN IF TABMAIL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.

9.3. MAXIMUM AGGREGATE LIABILITY. NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN TERMS OR WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES AND, IF ANY DISCLAIMER OR LIMITATION OF LIABILITY IS FOUND UNENFORCEABLE, VOID OR DOES NOT FULLY SHIELD TABMAIL FROM LIABILITY, YOU AGREE THAT TABMAIL’S AND/OR ITS REPRESENTATIVES MAXIMUM AGGREGATE LIABILITY IN ANY CASE WHATSOEVER WILL BE THE LESSER OF: (A) THE TOTAL AMOUNT YOU HAVE PAID TO TABMAIL IN THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE OF THE ACT LEADING TO THE HARM IN QUESTION; AND (B) $500 CAD.

10. INDEMNIFICATION

You shall indemnify, defend and hold TabMail and its Representatives, harmless from and against any claim, liability, injury, damage, cost, loss or expense, including reasonable attorneys’ fees, in connection with your use (or misuse) of the Service or Third Party Services, personal injury or death arising while using the Service or Third Party Services, or your violation of the Agreement or any law or regulation (including but not limited to privacy or consumer protection laws). You shall not settle any claim without TabMail’s advance written consent unless such claim releases TabMail unconditionally. TabMail reserves the right to, at its expense, assume control of the claim.

11. DISPUTE RESOLUTION

11.1. Initial Dispute Resolution. Most disputes between you and TabMail can be resolved without resorting to legal action. If you have any dispute with TabMail, you agree that before taking any formal legal action you will contact TabMail at [email protected], and provide a brief, written description of the dispute and your contact information. You and TabMail agree to use commercially reasonable efforts to settle any dispute, claim, question, or disagreement directly through consultation, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.

11.2. Binding Arbitration. If you and TabMail cannot come to a resolution within 60 days after the time an informal dispute resolution is initiated in accordance with Section 11.1, you agree that any disputes or claims between you and TabMail (including the Representatives), shall be resolved by confidential, final and binding arbitration to be conducted in Vancouver and administered by the Vancouver International Arbitration Centre (“Arbitrator”). The arbitration shall be commenced and conducted in accordance with Arbitrator’s Model Rules (the “Rules”). Your arbitration fees and your share of the arbitrator’s compensation shall be governed by and, where appropriate, limited by the Rules. BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS LIMITED BY APPLICABLE LAW. THE PARTIES AGREE THAT SECTION 11.2 SHALL NOT APPLY TO: (I) DISPUTES CONCERNING INTELLECTUAL PROPERTY, ALLEGATIONS OF THEFT, PIRACY, VIOLATION OF PRIVACY LAWS OR USE OF THE SERVICE IN VIOLATION OF THIS AGREEMENT; OR (II) CLAIMS FOR INJUNCTIVE RELIEF.

11.3. CLASS ACTION WAIVER AND PROHIBITION. YOU AGREE THAT ANY ARBITRATION OF A DISPUTE OR CLAIM SHALL BE LIMITED BETWEEN TABMAIL, THE REPRESENTATIVES (IF APPLICABLE), AND YOU INDIVIDUALLY. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION SHALL BE JOINT WITH ANY OTHER AND YOU HAVE NO RIGHT OR AUTHORITY TO: (A) ARBITRATE A DISPUTE OR CLAIM ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS-ACTION PROCEDURES; AND TO (B) RAISE A DISPUTE OR CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS. YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING THE RIGHT TO HAVE ANY DISPUTE OR CLAIM RESOLVED AS A PLAINTIFF OR MEMBER OF A CLASS ACTION.

12. GENERAL

12.1. Updates. TabMail reserves the right, in its sole discretion, to modify this Agreement at any time (each, an “Update”) and shall make each Update available through the Website and through email notification. You are deemed to accept an Update by continuing to use the Service. Unless TabMail states otherwise, an Update is automatically effective 30 days after posting on the Website, except in such case where an Update is immaterial to any of your legal rights or legal obligations of TabMail and such Update is made only to correct a typographical, formatting or grammar inaccuracy, and in such case, an Update is effective immediately after posting on the Website.

12.2. Governing Law. The Agreement shall be governed by and construed in accordance with the applicable laws of the Province of British Columbia and the federal laws of Canada, without reference to principles of conflicts of laws, and courts in Vancouver, British Columbia will have exclusive jurisdiction to hear any proceedings related to this Agreement and to which the parties irrevocably attorn to the jurisdiction of.

12.3. Notice. Any notice required by the Agreement shall be given by email to TabMail at [email protected] and by TabMail to you at the email address you provide to TabMail, as updated on one or more occasions, such notice deemed received upon sending.

12.4. Export Compliance. Certain export control laws regulate the export and re-export of technology originating in Canada and other foreign countries. You agree to abide by all export control laws and regulations as applicable and will not transfer, directly or indirectly, by electronic transmission or otherwise, the Service or any Features from any countries or foreign nations in violation of such laws or regulations. You shall comply with the export laws and regulations of the applicable jurisdictions in which you provide, access or use the Service. The parties expressly disclaim application of the United Nations Convention on Contracts for the International Sale of Goods.

12.5. Limitation Period. Any cause of action arising out of or related to the Agreement or the Service must commence within one year after the cause of action accrues and, if not, is permanently barred. The parties acknowledge that the foregoing constitutes a modification and shortening of the limitation period set forth in statute and agree to shorten the limitation period.

12.6. Severability, Waiver. If any provision of the Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law with remaining provisions of this Agreement in full force and effect. No failure or delay by a party in exercising any right, power or remedy under this Agreement constitutes a waiver thereof.

12.7. Assignment. You cannot assign, transfer or pledge the Agreement, in whole or in part, without the prior written consent of TabMail. TabMail may assign this Agreement upon written notice to you.

12.8. Force Majeure. Except with respect to your obligation to make payments, neither party shall be held responsible for any delay, deficiency or failure in performance due to causes beyond its reasonable control including, but not limited to, fires, strikes, embargoes, explosions, earthquakes, hurricanes, floods, wars, the elements, epidemics, pandemics, labor disputes, government requirements, acts of war and terrorism, civil or military authorities, inability to secure raw materials or transportation facilities, acts or omissions of carriers or suppliers.

12.9. Entire Agreement. The Agreement, including the Privacy Policy and any other agreement incorporating the Terms, as amended on one or more occasions, constitutes the entire Agreement between you and TabMail and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter, except for any Applicable Code Licenses governing source code components made available by TabMail and any third-party terms applicable to Third Party Services.

12.10. Survival. Sections 4.6, 5, 6, 7.3, 8, 9, 10, 11 and 12 survive termination of this Agreement.

12.11. Contact Information. If you have any questions about this Agreement or the TabMail Privacy Policy you are encouraged to contact TabMail using the information below: