Terms of Service

Last Updated: September 29, 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”), the TabMail Desktop application for macOS (“Desktop 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.

PLEASE READ THIS AGREEMENT CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING AUTOMATIC SUBSCRIPTION RENEWAL (SECTION 6), DISCLAIMERS AND LIMITATIONS OF LIABILITY (SECTION 9) AND HOW DISPUTES ARE RESOLVED (SECTION 11). Nothing in this Agreement limits your mandatory consumer rights, your right to publish lawful reviews, or any mandatory right to bring a claim before a court, tribunal or regulator.

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. The Service also provides voice dictation, which converts your speech into text for use within the Service and, where supported, in other applications on your device.

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, Platform and/or Desktop App 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, voice dictation, prompt engineering, personalized AI customizations, cross-device synchronization of user configurations, custom integrations, and related offerings. Cross-device sync is enabled by default and allows your prompt templates, classification rules, knowledge base and related configuration to be synchronized across your connected devices in real-time. You may disable cross-device sync at any time through the Service’s settings. Changes to the Features of an existing Subscription are subject to Section 12.1 and applicable consumer protection law. 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.

5.4. Your Own AI Provider Keys (BYOK). If you are a paid subscriber, you may optionally configure the Service to route your AI traffic through your own third-party AI provider account by entering an API key or access credential you obtain directly from a supported AI provider (currently OpenAI, Anthropic, or Google) (collectively, your “Provider AI Credentials”). This feature is off by default. If you enable it: (a) you represent and warrant that you are authorized to use your Provider AI Credentials and that you will comply with the applicable provider’s terms of service, acceptable use policies and applicable laws; (b) your AI inputs and the resulting AI Content for the affected requests are processed by your chosen provider under your own account and direct relationship with that provider, and are subject to that provider’s terms of service and privacy policy, including its data-retention and model-training practices, none of which TabMail controls; (c) you are solely responsible for any fees, usage charges, rate limits, credit balances or restrictions imposed by your chosen provider; (d) TabMail stores your Provider AI Credentials only on your device (and not on TabMail’s servers), uses them transiently to dispatch the applicable request, and disclaims all representations, warranties and liability relating to the availability, performance, accuracy, output, pricing or data practices of your chosen provider; and (e) enabling this feature does not reduce, waive or otherwise modify your Subscription Fee, which remains payable in full. TabMail may limit the providers and models available for this feature and may modify, suspend or discontinue the feature at any time without notice.

5.5. Voice Dictation. Certain Features let you dictate text by voice ("Voice Dictation"). If you use Voice Dictation: (a) you authorize TabMail and its service providers to process your Voice Data, including your recordings, the words in your dictation dictionary and context about what you are working on, as described in the Privacy Policy, solely to provide Voice Dictation; (b) you are solely responsible for complying with all laws that apply to recording or transcribing the voices or communications of other people, including laws that require notice to, or the consent of, every party, and you shall not use Voice Dictation to record, monitor or transcribe another person’s communications without any notice or consent required by applicable law; TabMail does not determine whether notice or consent is required and does not provide legal advice about it; (c) transcripts are AI Content under Section 5.2 and may contain errors, including misheard names, numbers and terms, and you are responsible for reviewing them before you send, submit or rely on them; (d) TabMail is not responsible for how other applications handle text that Voice Dictation inserts into them; and (e) Voice Dictation relies on permissions, such as microphone access, that you grant through your device’s operating system and may revoke at any time, which will disable Voice Dictation in whole or in part.

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 for which you provide a credit card or other payment method at the time of selection, 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 addition, TabMail may provide newly registered Accounts with a complimentary introductory trial of certain Features, which requires no credit card or other payment method. Unlike a trial Subscription selected with a payment method, an introductory trial does not convert into a paid Subscription: it expires automatically at the end of the applicable trial period, without charge to you and without conversion, and your access to the Features made available under the introductory trial ceases upon such expiry unless and until you purchase a Subscription. If you purchase a Subscription during an introductory trial, that Subscription and billing therefor commence immediately and any unused portion of the introductory trial is forfeited. TabMail may modify, limit or discontinue the availability of, or eligibility for, introductory trials at any time and without notice, provided that an introductory trial already granted to an Account shall continue until its scheduled expiry. Introductory trials are limited to one per person, and registering multiple Accounts or using variations of an email address in order to obtain additional introductory trials is a breach of the Agreement that may result in revocation of the introductory trial, termination of your Account, or both, in accordance with Section 3.2. 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 only by notice under Section 12.1, sent by email not less than 30 days and not more than 60 days before the increase takes effect, and you may then cancel as described in Section 12.1. 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. If you purchase a Subscription through the App, your payment will be processed by Apple through the App Store, and your purchase is subject to Apple’s applicable terms and policies, including Apple’s Licensed Application End User License Agreement and the App Store terms of service. 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 or payment method and if such credit card or payment method changes, 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 stop automatic renewal at any time through your TabMail account or, for an App Store purchase, through your Apple subscription settings. Ordinary cancellation stops future renewals and preserves access until the end of your paid period. It does not delete your account; account deletion is a separate request. Statutory cancellation and refund rights take precedence. To exercise a statutory cancellation right or request a legally required refund, contact [email protected]; no particular subject line or form is required. Where British Columbia subscription-renewal protections apply, you may cancel a renewal before or after its renewal date without penalty; cancellation after renewal of a term longer than 60 days entitles you to the prescribed refund for the unused portion, payable within 15 days of your cancellation notice.

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 purchased your Subscription through the Apple App Store, refund requests for those purchases must be directed to Apple in accordance with Apple’s refund policies. For all other purchases, if you believe you qualify for a refund, please contact TabMail at [email protected] with a description of your request; no particular subject line or form is required. EU and UK right of withdrawal. If you are a consumer in the European Union or the United Kingdom and bought your Subscription on tabmail.ai, you may withdraw from the contract within 14 days of the day you subscribed, without giving any reason. If you do, we will refund all payments you made for that Subscription in full, with no deduction for the Service provided before you withdrew, within 14 days of the day we are informed of your decision, using the same means of payment unless you agree otherwise. You can withdraw with the form at tabmail.ai/withdraw, by email to [email protected], or by any other clear statement to us; the withdrawal instructions and the model withdrawal form are published at tabmail.ai/withdraw. We may ask you to confirm the withdrawal from your account email before we cancel; your withdrawal still counts from when we received it. Purchases made through the Apple App Store are refunded by Apple under Apple’s policies.

6.8. Apple App Store Subscriptions. If you purchase a Subscription through the Apple App Store, the following terms apply in addition to the terms set forth above: (a) payment is charged to your Apple ID account at confirmation of purchase; (b) your Subscription automatically renews and your account is charged for renewal within 24 hours before the end of the current billing period, at the same Subscription Fee, unless auto-renewal is turned off; (c) you may manage or cancel auto-renewal at any time through your Apple ID Account Settings, however auto-renewal must be turned off at least 24 hours before the end of the current period to avoid being charged for the next period; (d) any unused portion of a free trial period, if offered, is forfeited when you purchase a Subscription; and (e) Apple may also notify you of a Subscription Fee increase and, where its rules require, ask for your consent before the increased fee applies.

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. For clarity, clauses (b) through (f) apply only to User Data that TabMail retains in accordance with the Privacy Policy, such as your Account, subscription and usage information. They do not apply to Ephemeral Data (as defined in the Privacy Policy), including the content of your email and calendar, your AI inputs and outputs, and Voice Data, which TabMail processes only transiently to provide the Service, does not store at rest, and does not use to train AI models.

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, we encourage you to contact TabMail first at [email protected] with a brief, written description of the dispute and your contact information, and TabMail will use commercially reasonable efforts to settle it with you directly through good faith consultation. Contacting TabMail first is voluntary and is not a prerequisite to any court, tribunal, class proceeding or regulatory complaint.

11.2. Courts. Any dispute that is not resolved under Section 11.1 may be brought before the courts described in Section 12.2, or before any other court, tribunal or regulator available to you under applicable law. This Agreement does not require arbitration and does not prevent you from starting or joining a class proceeding. You and TabMail may agree to submit a dispute to arbitration or another dispute resolution process only after that dispute has arisen.

12. GENERAL

12.1. Updates. TabMail may change only the following provisions of this Agreement without your agreement: (a) the Subscription Fee (Section 6.2); (b) the Features, usage and rate limits included in a Subscription tier (Sections 4.1, 4.3 and 6.1); (c) the authorized use rules and the AI Acceptable Use Policy (Sections 4.2 and 5.3); (d) the AI Features, Voice Dictation and the supported AI providers (Sections 5.4 and 5.5); (e) the Privacy Policy (Section 4.6); (f) TabMail’s notice and contact details (Sections 12.3 and 12.11); and (g) the cancellation and refund terms (Sections 6.4 and 6.7), but only by a change that does not increase your obligations or reduce ours. Any other change to an existing subscription requires your agreement, and we will not rely on continued use alone as agreement to a change that requires express consent. For each change to a listed provision, we will notify you by email not less than 30 days and not more than 60 days before it takes effect, with the provision as it will read after the change and a clear explanation of the change, or by any other notice method and within any other period required by applicable law. If the change increases your obligations or reduces ours, the notice will also state your right to cancel, and you may cancel your Subscription at any time without charge or other penalty. Typographical and formatting corrections that do not affect legal rights may be made immediately.

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. This does not restrict any mandatory right to bring proceedings in another jurisdiction or before a consumer tribunal or regulator.

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 Periods. The limitation periods prescribed by applicable law apply. This Agreement does not shorten them.

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: