Draft under legal review: not yet in force. This text is under review and may change: it is not a contract until this notice is removed. Notes in double square brackets are for the legal review.

Terms

General terms of service

The rules of the subscription contract: how to order, the free trial, renewal and payment, service levels, data protection and the end of the contract.

Questions about this text? Write to info@qmail365.com

Version 1 of [[TO BE DECIDED: effective date]] · PDF of this version

Art. 1 – Who we are and definitions

1.1. The QMail365 service is provided by Virtual Solution S.r.l., registered office Via San Mama 113, 48121 Ravenna (RA), VAT no. IT01480930393, REA RA-162537, share capital € 10.000 i.v., certified email (PEC) virtualsolution@pec.it, email info@qmail365.com, telephone [[TO BUILD: the seller's telephone number (Art. 49(1)(c) Consumer Code), from the billing issuer and the website inventory]] (the "Provider", "we").

1.2. In these terms:

  • Service: the subscription email service described in Art. 2, with its management panel at https://app.stg.qmail365.com.
  • Customer: whoever enters into the contract with the Provider. This can be a company, professional, organisation or public body ("Business Customer") or a natural person acting for purposes outside their trade, business, craft or profession ("Consumer").
  • Administrator: the person the Customer appoints to manage its account.
  • User: anyone the Customer assigns a mailbox to.
  • Seat: the right to activate one mailbox. The Customer pays for the Seats purchased, not for the mailboxes actually active.
  • Plan: the set of features and limits purchased (e.g. Professional or Enterprise), as described in the price list in force when the order is placed.
  • Period: the monthly or yearly billing period chosen in the order.
  • Reseller: a third party that resells the Service under its own brand (Art. 24).
  • Durable medium: an email or a file (e.g. PDF) that the Customer can keep and reproduce unchanged.

Art. 2 – Subject matter

2.1. According to the chosen Plan, the Provider makes available to the Customer:

  • mailboxes accessible through IMAP, POP3, authenticated SMTP, the webmail and compatible clients;
  • calendars and contacts (CalDAV, CardDAV) and phone synchronisation;
  • anti-spam and anti-virus filtering of email, with a spam folder and quarantine;
  • where included in the Plan or bought as options: the AI assistant (Art. 16), large files sent as links (Art. 17) and the legal archive (Art. 18).

2.2. The features of each Plan, the storage per mailbox and the limits (e.g. the number of messages sent) are those of the price list published at the time of the order and shown in the order summary. The price list in force at the time of the order is part of the contract.

2.3. The contract consists of: the order with its confirmed summary; these terms; the Acceptable Use Policy; the "Withdrawal, cancellation and refunds" document; the price list; for Business Customers only, the data processing agreement (Art. 19) and the specific approval under Art. 29. If two documents conflict, the following prevail in this order: the order; the data processing agreement on data protection; the "Withdrawal, cancellation and refunds" document on its topics; these terms; the Acceptable Use Policy. No precedence rule may reduce the rights the law gives Consumers. For Consumers, the summary shown immediately before the order button (Art. 3.3) and the confirmation on a durable medium (Art. 3.5) also form part of the contract.

2.4. Mailbox data is stored on infrastructure run by the Provider in Italy. The external providers that process data on our behalf are listed in the sub-processor list (Art. 19).

2.5. The Service is not a legally compliant digital preservation service (Italian Digital Administration Code), not a qualified trust service and not a certified email (PEC) mailbox.

Art. 3 – How the contract is concluded

3.1. Before ordering, these terms, the Acceptable Use Policy, the "Withdrawal, cancellation and refunds" document and the customer privacy notice are available at https://stg.qmail365.com and can be downloaded and printed as PDFs [[TO BUILD: text and page of the customer privacy notice]]. Each text has a version number and a date, shown at the top of the page and at the foot of every PDF page; previous versions remain available as PDFs. With the order we record the versions accepted. The contract is concluded in Italian or English, depending on the language chosen. The Provider does not subscribe to any code of conduct [[TO BE DECIDED]].

3.2. An online purchase follows these steps:

  1. choice of customer type, "Private (consumer)" or "Company or professional", and of the country of residence or establishment (Art. 3.7); the prices shown depend on this choice, including VAT for Consumers;
  2. choice of Plan, Period, number of Seats and any options;
  3. the Administrator's email address, with the link to the privacy notice;
  4. verification of the email address with a one-time code;
  5. billing details (the VAT treatment depends on them);
  6. Business Customers only: specific approval of the clauses in Art. 29 [[TO BUILD]];
  7. order summary (Art. 3.3), with the unticked box to accept these terms and the "Withdrawal, cancellation and refunds" document in the version in force, the link to the privacy notice and, for Consumers who must choose, the request for immediate performance (Art. 20.3); then the order button;
  8. entry of the payment method on the page hosted by Stripe.

Until the order button is pressed the Customer can go back and correct choices and details.

3.3. The button by which the Customer becomes bound is on the summary page and reads "Order with obligation to pay", also when the Plan includes a free trial. Immediately above the button the summary states: the Plan's features and Seats; the price per Period and per month, including VAT for Consumers, and for yearly subscriptions the total charged for the year; the date of the first charge; automatic renewal; that there is no minimum term; where to cancel and where to withdraw. The Stripe page that follows is only for entering the payment method [[TO BE VERIFIED with counsel: whether the Stripe page button after ours is acceptable]].

3.4. The contract is concluded when Stripe confirms the payment method: the payment or, if the Plan includes a free trial or the first charge is deferred (Art. 20.3), the card registration. No account is created before that moment.

3.5. Immediately after conclusion, and before the paid service starts, we send to the verified address a confirmation on a durable medium: a single PDF with the order summary, the date of the first charge, these terms and the other documents in Art. 2.3 in the version accepted and, for Consumers, the withdrawal information and form with the address of the withdrawal function and the choice made on immediate performance [[TO BUILD: today only the Administrator invitation and the Stripe receipt are sent]]. The invitation to activate the Administrator account arrives after the confirmation.

3.6. The Provider archives the text of the concluded contract with the version of the terms accepted. The Customer can view the order, the accepted version and the invoices in the panel [[TO BUILD: today the panel shows invoices through the Stripe portal, not the order or the accepted version]].

3.7. Anyone who chooses "Private (consumer)" buys as a Consumer and declares that they are of legal age. Anyone who chooses "Company or professional" declares, with an unticked box, that they act for professional purposes; if they give no VAT number in Italy, we ask them to confirm the choice or switch to "Private (consumer)". The declaration does not remove the statutory protection of anyone who is in fact a Consumer.

Art. 4 – Account and Administrator

4.1. The Administrator manages the account: domains, mailboxes, Users, Seats, Plan and payment method. The Customer is responsible for the actions of the Administrator and of the Users it authorises.

4.2. Panel access is personal. Customer Administrators sign in with a second authentication factor or a passkey. The Customer protects its credentials and tells us without delay if it suspects unauthorised access.

4.3. To create mailboxes and send mail, the Customer must prove control of its domain with the DNS check shown in the panel.

4.4. The Customer provides true billing details and keeps them up to date.

Art. 5 – Plans, Seats and storage

5.1. The Customer can activate as many mailboxes as the Seats purchased. Beyond that number the panel offers to add Seats.

5.2. The minimum number of Seats depends on the Period and is shown in the price list [[TO BE DECIDED: currently 5 monthly, 1 yearly]]. Above [[TO BE DECIDED: currently 200]] Seats, purchases go through a commercial offer.

5.3. Each mailbox has the storage included in the Plan. Storage can be increased with expansions bought per mailbox, up to the Plan maximum.

5.4. If we make a Plan's limits worse, the change applies to existing subscribers only as set out in Art. 25. Limits can be improved at any time.

Art. 6 – Free trial

6.1. Where the price list offers it, the free trial lasts 30 days from conclusion of the contract. A valid payment card is required to start it. [[TO BE DECIDED: one trial per Customer or per domain, and how this is checked; no check today]]

6.2. During the trial, and for sending until the first successful payment, lower safety limits apply, shown before the order: [[TO BE DECIDED: values to publish; currently at most 10 mailboxes, 50 messages per hour and 3,000 per month for the whole account, no large-file links]]. If the Seats purchased exceed the trial mailbox maximum, the extra Seats can be activated after the first payment.

6.3. At the end of the trial the subscription automatically continues as a paid subscription and the card is charged for the first Period. Before the order we state the date and amount of the first charge, including VAT for Consumers [[TO BUILD: today the summary shows the trial days and the amount, not the date]]. If a Consumer does not ask for immediate performance, the first charge never happens before the withdrawal period ends (Art. 20.3).

6.4. To avoid the charge, simply cancel before the trial ends (Art. 8). If no payment method is on file when the trial ends, the subscription closes with no charge. If there is one but the charge fails, Art. 10 applies.

6.5. At least 7 days before the trial ends we email the Administrator the date and amount of the first charge and how to cancel [[TO BUILD: not implemented today]].

Art. 7 – Prices, VAT and payment

7.1. Prices are in euro, per Seat and per Period, as in the price list. For Business Customers they are shown excluding VAT. Consumers are shown the final price including VAT in the price list and in the summary, before ordering; for yearly subscriptions the total charged for the year is at least as prominent as the monthly equivalent [[TO BUILD: today the website and /acquista price lists only say "Prices exclude VAT"]].

7.2. VAT applies according to law, based on the billing details and on the VIES check of the VAT number. Consumers resident in the European Union are charged Italian VAT while the Provider's distance sales to consumers in other EU Member States stay within the statutory yearly threshold (€10,000, Art. 7-octies of Presidential Decree 633/1972); above the threshold, or from joining the OSS scheme, the VAT of the Consumer's country applies. The Service is not sold online to Consumers resident outside the European Union. [[TO BE DECIDED with the accountant: joining the OSS scheme at once or when the threshold is exceeded; EEA countries]]

7.3. Payment is by card through Stripe. The Provider does not receive or store card data. [[TO BE DECIDED: SEPA Direct Debit]]

7.4. Fees are paid in advance at the start of each Period. Electronic invoices are issued after payment and sent to the Italian exchange system (SdI) where the law requires it. A courtesy copy is available in the panel. Consumers resident in Italy receive the PDF copy by email; the original electronic invoice is in their reserved area of the Italian Revenue Agency website. A free trial does not generate an invoice.

7.5. A Customer's prices do not change during the current Period. Changes for later Periods follow Art. 25.

7.6. If moving to the VAT of another country (Art. 7.2) increases a Consumer's final price, we notify it on a durable medium at least 30 days in advance: the new price applies from the next Period, and the Consumer may withdraw at no cost before it takes effect. If the final price goes down, we apply it from the next Period without notice. [[TO BE VERIFIED with counsel: Art. 33(2)(o) and (4) Consumer Code]]

Art. 8 – Automatic renewal and cancellation

8.1. The subscription renews automatically at the end of each Period for a Period of the same length, unless cancelled.

8.2. The Customer can cancel at any time from the panel, with no minimum notice, in two steps: "Cancel subscription" and then "Confirm cancellation". A confirmation on a durable medium is sent at once. Cancellation takes effect at the end of the current Period, and the Service stays active until then; until that date the Customer can revoke it with "Undo cancellation". [[TO BE DECIDED with counsel: whether Decree-Law 7/2007 ("Bersani": 30-day maximum notice, early termination) applies to the yearly subscription]]

8.3. Before each renewal we email the Administrator a notice with the renewal date and amount and how to cancel: for yearly subscriptions 30 days and 7 days before; for a Consumer's monthly subscription 7 days before. Art. 6.5 covers the end of a trial [[TO BUILD: not implemented today]]. If the notice 30 days before a yearly renewal was not sent, the Consumer may withdraw from the renewed contract at any time, at no cost (Art. 65-bis Consumer Code) [[TO BE VERIFIED with counsel: amount to refund]].

8.4. Fees already paid for the current Period are not refunded, except: Consumer withdrawal (Art. 20.3); the cases in Art. 25; billing errors; the statutory remedies for lack of conformity of the service (Arts. 135-octies ff. of the Italian Consumer Code) and other cases provided by law.

Art. 9 – Upgrades and downgrades

9.1. Upgrades (more Seats, higher Plan, storage expansions, monthly to yearly): take effect immediately. The amount, prorated to the days left in the Period, is charged immediately. The panel shows it before confirmation.

9.2. Downgrades (fewer Seats, lower Plan, fewer expansions): take effect from the next Period, without refunds or credits for the current Period. A downgrade is refused if current usage exceeds the new limit: the excess mailboxes or storage must be removed first.

9.3. Plan and Seat changes are made only in the Provider's panel.

Art. 10 – Non-payment

10.1. If a payment fails, we notify the Administrator and the Service stays active for 7 days from the first failed payment.

10.2. After those 7 days the Service is suspended:

  • sending and mailbox access stop;
  • incoming mail is still accepted for 30 days from the start of the suspension; after that, messages are rejected to the sender;
  • the Administrator can always reach the payment page.

10.3. Paying the amount due lifts the suspension immediately.

10.4. If payment is not settled within 90 days of the first failed payment, the contract terminates and Art. 21 applies.

10.5. If the Customer disputes a charge with its bank (chargeback), the Service is suspended until the dispute is closed. The suspension does not apply if the Provider acknowledges that the charge was wrong.

10.6. Every suspension notice states the amount due, the reason and how to settle.

Art. 11 – Service levels, security and maintenance

11.1. We use professional diligence to keep the Service available and secure. We do not guarantee uninterrupted service.

11.2. Guaranteed availability level: [[TO BE DECIDED: percentage, measurement method and exclusions; service credits as the sole remedy for Business Customers only]]. Until stated here or in the order, no percentage is guaranteed.

11.3. Planned maintenance that may cause interruptions is announced at least [[TO BE DECIDED: N days]] in advance, where possible within [[TO BE DECIDED]] windows. Urgent security work may happen without notice.

11.4. We take periodic backups of mailboxes, calendars and contacts to restore after a failure. Backups are not guaranteed to be complete and do not replace the legal archive or the Customer's own backup. [[TO BE DECIDED: whether to promise self-service restore ("Mail Time Machine", ADR-0024) and with what limits]]

11.5. Support is available through the channels and at the hours shown in the panel [[TO BE DECIDED: channels, hours, first-response times]].

11.6. If a significant security incident may affect the Customer's Service, we inform the Customer without undue delay, as required by network security law (Legislative Decree 138/2024, NIS2) [[TO BE VERIFIED: NIS2 status and ACN registration]]. Personal data breaches are handled under the data processing agreement.

11.7. Legal guarantee of conformity. Towards Consumers the Provider is liable for any lack of conformity of the digital service that appears during the whole term of the contract, under Arts. 135-octies ff. of the Italian Consumer Code: the Consumer is entitled to have conformity restored free of charge or, where provided, to a price reduction or to terminate the contract. [[TO BE VERIFIED with counsel: limitation period for a digital service supplied continuously]]

Art. 12 – Customer obligations and acceptable use

12.1. The Customer uses the Service lawfully and in line with the Acceptable Use Policy, and makes Users comply. In particular, it is not allowed to:

  • send commercial messages without the legal basis required by law, or unsolicited bulk mail;
  • send or store malware, unlawful material or content that infringes third-party rights;
  • phish, forge senders or use domains without rights to them;
  • circumvent sending limits or security measures;
  • resell the Service without a Reseller agreement.

12.2. For personal data processed in the mailboxes, the Business Customer is the controller and confirms that it has informed its Users, for example about the rules for using company email and the monitoring allowed by employment law.

12.3. The Customer is responsible for the content of messages and files sent through the Service.

Art. 13 – Anti-spam, filtering, moderation and complaints

13.1. The Service automatically analyses email to protect Customers and recipients:

  • anti-spam and anti-virus filters, including machine-learning models run on the Provider's infrastructure;
  • quarantine and spam folder;
  • sending limits per mailbox and per account, per hour, day and month;
  • slowing or blocking anomalous sending, for example from a compromised account.

13.2. These checks use message headers, content and reputation. They can be wrong: a legitimate message may end up in spam or quarantine, or be rejected. The Customer can review the quarantine and release messages according to its panel permissions. Quarantined messages are deleted after 30 days.

13.3. The Provider does not monitor email content to look for illegal activity. Provider staff access message content only for a reason recorded in the activity log (e.g. an abuse report or a Customer support request).

13.4. Restrictions decided automatically are identified as such. Complaints about a moderation decision (block, restriction, suspension, removal of a file) go to info@qmail365.com or, for files and links, through the webmail. A person reviews them and the reply gives reasons. The Acceptable Use Policy describes the measures, thresholds and procedure.

Art. 14 – Suspension by the Provider

14.1. We may suspend all or part of the Service, a mailbox, a feature or a domain:

  • for non-payment or a disputed charge (Art. 10);
  • for a serious breach of Art. 12 or of the Acceptable Use Policy, including one suspected on concrete evidence, for example bulk spam or a compromised account;
  • on an order from an authority;
  • for a concrete risk to the security of the platform or of other customers.

14.2. Suspension is limited to what is needed and lasts until the cause is removed. Except in urgent cases we announce it beforehand and, in any case, no later than when it takes effect, we give reasons on a durable medium: the measure and its duration, the facts and circumstances, whether it was decided or detected by automated means, the contractual or legal ground, and how to complain (Art. 17 Regulation (EU) 2022/2065). We withhold reasons only where an authority's order forbids them.

14.3. Suspension does not delete data.

Art. 15 – Incoming mail during suspension

15.1. During a suspension other than for non-payment, incoming mail is still accepted and stored, unless an authority orders otherwise or there is a security risk.

Art. 16 – AI assistant

16.1. The assistant is an artificial intelligence system. It is not a person. The interface permanently says so.

16.2. The assistant explains what happens to mail using metadata: delivery logs, anti-spam results, quarantine, DNS configuration. It reads the text of a message only if the User explicitly asks for that message; the reading is logged.

16.3. Data sent to an external model is pseudonymised before it leaves our infrastructure. Sending in clear text is possible only if the Provider has enabled that AI provider and the User has turned it on. We use only the AI providers in the sub-processor list, with the transfer safeguards stated there. [[TO BE DECIDED before publication: in production the default provider today is DeepSeek via its own API, with pseudonymised data, no signed DPA and no transfer basis to China; proposal: exclude DeepSeek's original API and free OmniRoute routes for Customer data]]

16.4. What the assistant can see and do is decided by the User's permissions, not by the model. Proposed actions, such as releasing a message from quarantine, require the User's confirmation.

16.5. Answers are generated automatically and may contain errors. They are not legal or technical advice. The User checks them before making important decisions. [[TO BE DECIDED: marking of generated text, Art. 50(2) Regulation (EU) 2024/1689, by 2 December 2026]]

16.6. Conversations with the assistant are deleted after 30 days.

16.7. The Customer can ask support to turn the assistant off for its account [[TO BUILD: Customer switch in the panel; today the assistant depends on the Plan and only the platform can turn it off]].

Art. 17 – Large files via link

17.1. Where the Plan includes it, Users can attach large files, which are uploaded to the platform and shared as a link to a download page.

17.2. Files are scanned by anti-virus before public sharing; some active file types cannot be shared through a public link. Files expire on the date the User chooses, within the Plan maximum (currently 30 days), and are then deleted.

17.3. Anyone can report an unlawful file with the "Report" button on the download page or by writing to the reporting address in the Acceptable Use Policy. We acknowledge receipt of reports made with the button, decide diligently and send a reasoned decision to the reporter, where a contact was given, and to the Customer.

Art. 18 – Legal archive (optional)

18.1. If purchased, the archive keeps an immutable copy of messages delivered to the Customer's mailboxes and of messages sent, for the period chosen by the Customer from 1 to 10 years. Messages rejected or held in quarantine by the anti-spam filter, and messages later released from quarantine, are not archived [[TO BE VERIFIED: behaviour for released messages, ADR-0023]]. During the retention period the copies cannot be changed or deleted, not even by the Provider.

18.2. The Customer chooses the retention period and is responsible for it with respect to its own legal and privacy obligations. The archive is not legally compliant preservation under the Italian Digital Administration Code.

18.3. The archive remains for its whole retention period, even after the contract ends (Art. 21.5). [[TO BE DECIDED: cost of the archive after the contract ends and how the Customer can access it to export it]]

Art. 19 – Data protection

19.1. For the data in the Business Customer's mailboxes, the Customer is the controller and the Provider is the processor (Art. 28 GDPR). The data processing agreement (DPA) is accepted together with these terms and forms part of them.

19.2. The Business Customer gives general authorisation to the sub-processors on the list published at [[TO BE DECIDED: list URL]]. We announce any change at least [[TO BE DECIDED: 30]] days in advance, and the Customer may object under the DPA.

19.3. The Customer's data as a contracting party (order, billing, contacts, payments) is processed by the Provider as controller, under the customer privacy notice at https://stg.qmail365.com/en/privacy/ [[TO BUILD: today the page covers only the website and the contact form]].

19.4. For a Consumer using the Service for personal purposes the DPA does not apply: the Provider processes the Service data under the customer privacy notice, only to provide the Service and with the same security measures described in the DPA [[TO BE DECIDED with counsel: the Provider's role towards Consumers]].

Art. 20 – Term and withdrawal

20.1. The contract lasts one Period and renews under Art. 8.

20.2. The Customer may terminate at any time by cancelling under Art. 8.

20.3. Consumer right of withdrawal. A Consumer may withdraw without giving reasons within 14 days of conclusion of the contract, in the ways and with the effects set out in the "Withdrawal, cancellation and refunds" document, which forms part of the contract:

  • with the withdrawal function: in the panel, under Settings › Plan and billing, the "Withdraw from contract here" button and then "Confirm withdrawal"; or, without logging into the panel, on the page https://app.stg.qmail365.com/recesso-online [[TO BUILD: function under Art. 54-bis of the Consumer Code, mandatory for contracts concluded from 19 June 2026, not present today]];
  • or with an explicit statement, including the model form, sent to info@qmail365.com or virtualsolution@pec.it.

We record the statement with the date and time we receive it and immediately send a receipt on a durable medium. The day of conclusion does not count towards the 14 days; if the last day is a Saturday, Sunday or public holiday, the period ends at the end of the next working day.

Withdrawal during the free trial costs nothing. If the Consumer expressly asked for the paid service to start immediately, they owe only the share of the fee for the service provided until withdrawal; if they did not ask, the first charge happens after the withdrawal period ends and they owe nothing. We refund the rest within 14 days of the statement, using the same payment method. After withdrawal, sending mail stops, while mailboxes, calendars and contacts stay readable for 30 days so they can be exported free of charge in commonly used formats (Art. 21.3).

20.4. Termination by the Provider. We may terminate with at least [[TO BE DECIDED: 60/90]] days' notice on a durable medium. We refund the share of the fee paid and not used and provide the transition and retrieval periods in Art. 21.

20.5. Termination for cause. We may terminate the contract by written notice:

  • for non-payment beyond 90 days (Art. 10);
  • for a serious breach of Art. 12 not remedied within [[TO BE DECIDED: N]] days of notice, or that cannot be remedied (e.g. distribution of child sexual abuse material or malware).

Art. 21 applies in these cases too, unless an authority orders otherwise.

Art. 21 – End of contract: switching, export and deletion

21.1. Exportable data. The Customer can move to another provider, using standard interfaces and formats:

  • mail and folders, via IMAP;
  • calendars and contacts, via CalDAV and CardDAV (iCalendar and vCard formats);
  • large files still active, by downloading them;
  • the legal archive, via its signed export (EML with metadata, hashes and signed manifest).

Not exportable, because they belong to the Provider or serve security only: internal platform configuration, anti-spam models, backups and the Provider's activity log [[TO BE DECIDED with counsel: exhaustive list of excluded data, Art. 25(2)(e) Regulation (EU) 2023/2854; export of rules, filters, aliases and the delivery log]].

21.2. Switching request. The Customer may request switching to another provider or export only at any time, without notice, by cancelling or by writing to info@qmail365.com. The Provider charges nothing for switching or export.

21.3. Transition and retrieval. From the end of the contract:

  • for a 30-day transition period the Service remains accessible to complete the switch, at least read-only (IMAP, CalDAV, CardDAV) [[TO BE DECIDED: with or without sending]], and we provide reasonable assistance. If 30 days are technically not enough, we say so within 14 working days of the request and the period is extended up to 7 months;
  • at least 30 days then follow to retrieve the data.

After a Consumer's withdrawal (Art. 20.3) the transition lasts 30 days, read-only and with free export in commonly used formats; Art. 21.4 then applies.

[[TO BUILD: today, at the end of the Period the tenant is suspended and access stops at once, while incoming mail keeps being accepted with no time limit; a read-only transition mode and a rule for incoming mail after the end are needed]]

21.4. Deletion. When the retrieval period ends, or earlier on the Customer's written request, we start deletion within [[TO BE DECIDED: N]] days. Final deletion happens 30 days after the procedure starts; until then it can be cancelled in case of error. It covers: mailboxes and mail, calendars and contacts, aliases, domains and DKIM keys, large files and Documents (with destruction of their encryption keys), credentials and users. A minimal record of the account remains (identifier, name and dates). [[TO BUILD: today the procedure starts only at the request of a platform operator]]

21.5. After final deletion only the following remain, until they expire:

  • backups, for at most 12 months;
  • the delivery log, for the retention period set (30 to 365 days) [[TO BE DECIDED with counsel: alignment with Art. 132 of the Italian Privacy Code]];
  • the activity log, for [[TO BE DECIDED: 400]] days, except records needed to prevent restoring data already destroyed;
  • data needed for tax and legal obligations, such as invoices and contract records;
  • the legal archive, until the chosen retention period ends, then deleted; it cannot be deleted earlier.

21.6. Data cannot be recovered after final deletion. On request we confirm the deletion in writing.

21.7. Access by third-country authorities. Information on the jurisdiction of the infrastructure and on the measures against unlawful access by non-EU authorities is published at [[TO BUILD: page, Art. 28 Regulation (EU) 2023/2854]].

Art. 22 – Liability

22.1. The Provider is liable for damage caused by its own fault or wilful misconduct in performing the contract, within the limits of this article.

22.2. Business Customers. Except for wilful misconduct or gross negligence, breaches of public-policy rules, and where the law does not allow limits:

  • the Provider's total liability is capped at [[TO BE DECIDED: cap, e.g. fees paid in the last 12 months]];
  • indirect damage, loss of profit and loss of business are excluded;
  • for unavailability of the Service, if an SLA applies, the service credits of Art. 11.2 are the sole remedy.

22.3. Consumers. The limits in Art. 22.2 and the indemnity in Art. 22.5 do not apply. All statutory rights remain, including those on conformity of digital services (Arts. 135-octies ff. of the Italian Consumer Code, Art. 11.7). [[TO BE VERIFIED with counsel: Consumer paragraphs of Arts. 19.4, 20.4, 22 and 25]]

22.4. Unless it is at fault, the Provider is not liable for:

  • content sent or stored by the Customer and its Users;
  • damage caused by poorly protected credentials or by breaches of Art. 12;
  • failures of third-party networks and services outside its control, such as the Customer's network or recipients' servers.

22.5. The Business Customer indemnifies the Provider against third-party claims caused by its own breach of Art. 12.

22.6. Liability towards data subjects under Art. 82 GDPR is unaffected.

Art. 23 – Intellectual property

23.1. The Service's software, trademarks and documentation remain with the Provider or its licensors. The Customer receives a non-exclusive, non-transferable right to use them for the term of the contract.

23.2. The Customer's data and content remain the Customer's. The Provider uses them only to provide the Service, under the DPA or the privacy notice.

23.3. Training of anti-spam models: [[TO BE DECIDED with counsel: whether and how Customer data, even aggregated, or only spam/not-spam reports, may be used to train anti-spam models; until decided: we do not use them]].

Art. 24 – Resellers

24.1. If the Service is bought from a Reseller, the contract, prices, billing and first-line support are handled by the Reseller. These terms govern the relationship with the Reseller's customer only if the Reseller incorporates them. The Acceptable Use Policy applies in any case to every User of the platform.

24.2. A Reseller may show its own brand on the panel, the webmail and the download pages.

24.3. If a Reseller is suspended, its customers keep using their mailboxes. [[TO BE DECIDED: what happens to its customers if the Reseller's contract ends]]

24.4. Relations with Resellers are governed by a separate agreement [[TO BE DECIDED: DPA chain customer → Reseller → Provider]].

Art. 25 – Changes to the Service and to these terms

25.1. We may update the Service for valid reasons: security, technical change, legal obligations, new features. Every update keeps the essential features of the purchased Plan and costs the Customer nothing.

25.2. A change that makes the Service, the prices or these terms worse in a non-trivial way is announced to the Administrator on a durable medium at least [[TO BE DECIDED: 30]] days in advance, stating its content, effective date and the right to terminate.

  • A Business Customer may terminate free of charge before the change takes effect.
  • A Consumer may terminate free of charge within 30 days of receiving the notice or, if later, of the date of the change (Art. 135-vicies semel of the Consumer Code).

In both cases we refund the unused share of the fee. Price changes apply only from the Period following the notice.

25.3. Changes required by law or by an authority apply from the date required, with the same notices where possible.

25.4. Versions of these terms are dated, archived and also published in a machine-readable format [[TO BE DECIDED: format, e.g. structured HTML and Markdown]].

Art. 26 – Notices, points of contact and accessibility

26.1. We contact the Customer at the Administrator's email address and in the panel. The Customer writes to us at info@qmail365.com or virtualsolution@pec.it.

26.2. Point of contact for users (Art. 12 Regulation (EU) 2022/2065): info@qmail365.com, handled by people, in Italian and English.

26.3. Point of contact for authorities (Art. 11 Regulation (EU) 2022/2065): [[TO BE DECIDED: dedicated address]], in Italian and English. [[TO BE VERIFIED with counsel: designated establishment for European production and preservation orders, Regulation (EU) 2023/1543 and Legislative Decree 216/2025]]

26.4. Requests from authorities for access to data are handled according to law. Where the law allows it, we inform the Customer.

26.5. The Provider is a micro-enterprise and is not subject to the obligations of Legislative Decree 82/2022 on the accessibility requirements of services; we nevertheless design the panel and webmail following the WCAG 2.1 level AA guidelines. Information on the accessibility of the website is at https://stg.qmail365.com/en/accessibility/.

Art. 27 – Governing law and jurisdiction

27.1. The contract is governed by Italian law. Consumers keep the mandatory protections of the law of the country where they live.

27.2. Business Customers: the courts of [[TO BE DECIDED: city]] have exclusive jurisdiction over any dispute.

27.3. Consumers: the court of the Consumer's place of residence or domicile has jurisdiction.

27.4. Consumers can send complaints to info@qmail365.com; we reply in writing. [[TO BE DECIDED: ADR body the Provider belongs to, or a statement that it belongs to none (Art. 141-sexies Consumer Code); proposal: statement of non-participation]] Consumers resident in another EU Member State can also contact the European Consumer Centre of their country (ECC-Net).

Art. 28 – Final provisions

28.1. If a clause is void, the others remain valid.

28.2. A Business Customer may not assign the contract without our consent. We may assign it to a company that takes over the Service, with notice to the Customer, who may terminate free of charge.

28.3. These terms exist in Italian and English. If they conflict, the Italian version prevails, unless the English version is more favourable to a Consumer.

Art. 29 – Clauses requiring specific approval (Business Customers only)

Under Arts. 1341 and 1342 of the Italian Civil Code, the Business Customer specifically approves these clauses:

  • Art. 2.3 (precedence of documents);
  • Art. 6.3 (trial automatically continuing as a paid subscription);
  • Art. 8.1 and 8.2 (automatic renewal and cancellation deadline);
  • Art. 8.4 (no refunds);
  • Art. 9.2 (downgrades without refund);
  • Art. 10 (suspension and termination for non-payment and disputed charges);
  • Art. 11.2 (service credits as sole remedy);
  • Art. 14 (suspension by the Provider);
  • Art. 20.4 and 20.5 (termination by the Provider);
  • Art. 21.4–21.6 (deletion of data);
  • Art. 22.2, 22.4 and 22.5 (limits of liability and indemnity);
  • Art. 25 (unilateral changes);
  • Art. 27.2 (exclusive jurisdiction);
  • Art. 28.2 (no assignment);
  • Acceptable Use Policy, Arts. 9.4 and 9.8 (measures without notice, no refunds);
  • data processing agreement, Art. 18.2 (limits of liability).

Approval method: [[TO BE DECIDED with counsel: electronic signature with a one-time code (OTP) in a separate checkout step, keeping evidence (approved text, version, date and time, verified address), after Cass. ord. 20945/2026; not implemented today, and the order's single checkbox is not enough]].

Il modulo tipo di recesso è nell'allegato del documento «Recesso, disdetta e rimborsi» (sezione 4). / The model withdrawal form is in the annex to the "Withdrawal, cancellation and refunds" document (section 4).