LimaMail Terms of Service

Article 1.General provisions and definitions

These Terms of Service (hereinafter: the Terms) govern the rights, obligations and relations between the Provider and the User in connection with the provision and use of the LimaMail business mail hosting service (hereinafter: the Service).

Certain terms in these Terms have the following meaning:

• LimaMail - a mail hosting platform and service that the Provider operates on its own infrastructure (leased and/or colocated servers);
• Mailbox (account) - an individual e-mail account on the User's domain;
• Proforma invoice - a document the Provider issues based on the order, before activation of the Service;
• SLA - the guaranteed service level defined in Article 7 of these Terms;
• Subscription period - the time period (monthly, quarterly or annual) for which the Service is paid.

The Service is intended exclusively for legal entities (companies, sole traders and other registered entities). When ordering, the User must provide an accurate company tax ID (PIB) and company registration number. LIMARK does not provide the Service to natural persons.

The Provider's operations are governed primarily by the Electronic Commerce Act, the Obligations Act, the Copyright and Related Rights Act and the Personal Data Protection Act of the Republic of Serbia.

Article 2.Formation of contract and ordering

The User orders the Service electronically (via the website, e-mail or another agreed channel), stating the desired plan, subscription period and legal-entity data.

Based on the order, the Provider issues an automatic proforma invoice to the User's e-mail address. The contractual relationship between the Provider and the User is formed by acceptance of the order, or by the recording of payment against the proforma invoice.

By accepting the order and/or paying the proforma invoice, the User confirms that they have read, understood and fully accepted these Terms. These Terms form an integral part of the contractual relationship and do not require the conclusion of a separate physical agreement.

Article 3.Description of the LimaMail service

LimaMail includes the following functionalities, to an extent depending on the selected plan (Article 4):

• Mail hosting - an unlimited number of mailbox accounts and domains, with dynamic sharing of the available storage space without fixed per-account quotas; the unlimited number of accounts and domains presumes use within the plan's storage space and the reasonable business scope of a single legal entity;
• Standard access - SMTP, IMAP and POP3, with support for TLS/SSL encryption, as well as a webmail interface;
• Synchronization - ActiveSync, CalDAV and CardDAV for syncing mail, calendars and contacts on Outlook, Apple Mail, Android and iOS clients;
• Bi-directional spam filter - filtering of inbound and outbound mail, antivirus protection of inbound messages;
• Authentication - automatic DKIM, SPF and DMARC configuration per domain;
• Outbound deliverability - delivery of outbound mail via the Provider's infrastructure to maintain reputation (relay), with the option of a dedicated IP address on higher plans or by agreement;
• Anti-phishing - an AI classifier of suspicious messages (on the Standard plan and higher);
• Backups - automatic backup in accordance with the plan's retention (Article 13);
• Migration - free migration from an existing provider, included in every plan; the migration is carried out so that no existing messages are lost and mail reception is not interrupted, to the extent the existing provider and the User's DNS settings allow.

The exact scope of functionality, storage space, backup retention and support level are defined by the selected plan and the price list applicable at the time of ordering.

Article 4.Plans and subscription

LimaMail is offered through the Lite, Standard, Premium and Custom plans, which differ in storage space, advanced functionality, backup retention and support level, in accordance with the applicable price list.

The subscription is contracted on a monthly, quarterly or annual basis. For quarterly and annual subscriptions, the total amount for the entire period is paid in advance, with a discount compared to the monthly price.

The Custom plan involves a configuration on the User's request and is contracted by a separate offer. Additional conditions stated in the offer may also apply to the Custom plan.

During the subscription, the User may upgrade to a higher plan; the price difference is calculated pro rata for the remaining period. A downgrade to a lower plan applies from the next subscription period.

Article 5.Prices and payment

The prices of the Service are stated in the Provider's price list applicable at the time of ordering. All prices are final prices excluding VAT, given that the Provider is not in the VAT system.

The Provider is subject to electronic invoicing and issues invoices via the System of Electronic Invoices (SEF) of the Republic of Serbia. The User agrees to receive and process invoices via SEF.

Payment is made in the dinar equivalent at the selling exchange rate of the National Bank of Serbia on the invoice issue date (where the price is stated in EUR). The payment term is the due date stated on the proforma invoice or invoice; if no due date is stated, the payment term is 5 (five) business days from the issue date. For initial orders the due date may be shorter (as a rule 2 business days), as an anti-fraud measure.

The Service enters provisioning as soon as the User confirms the completed payment (by clicking the "I have paid" button accompanying the proforma invoice) - the Provider does not wait for the bank statement. Initial provisioning (account creation and delivery of access credentials) is as a rule completed within 24 (twenty-four) hours of the confirmation; where migration of mailbox accounts from an existing provider is required, this period may be longer, proportionate to the number of accounts and the volume of data being migrated, of which the User will be informed in a timely manner. If the payment is not recorded on the bank statement within the due date stated on the proforma invoice, the Provider reserves the right - after a reminder to the User - to temporarily suspend the Service until the payment is recorded (Article 6). For subsequent subscription periods, a proforma invoice is issued before the current period expires, the Service is extended once payment is recorded, and the final invoice is issued once payment is recorded.

The Provider reserves the right to change the price list with prior notice to the User by e-mail or by publication on the website, at least 8 (eight) days before the new prices apply. Changed prices apply from the next subscription period.

Article 6.Late payment

In the event of the User's delay in settling obligations, the following rules apply:

• a delay longer than 15 (fifteen) calendar days from the due date - the Provider reserves the right to temporarily suspend the Service, subject to prior written notice;
• a delay longer than 30 (thirty) calendar days from the due date - the Provider reserves the right to permanently delete all of the User's data from the servers and to unilaterally terminate the contractual relationship, subject to prior written notice.

Before applying suspension or deletion measures, the Provider will notify the User in writing of the intention to take the said measures and allow a reasonable period to settle outstanding obligations.

Suspension of the Service does not release the User from the obligation to pay amounts due for the period in which the Service was active.

Article 7.SLA - service level

The Provider shall use best efforts to ensure availability of the mail Service of at least 99.9% per calendar month (target service level). For Custom plans, a higher availability level may be contracted by a separate offer. Uptime is calculated as the percentage of time in a calendar month during which the Service was available, excluding the exceptions in section 7.3.

The Provider performs proactive monitoring and seeks to resolve incidents before they affect the Service. Measured from the moment of detection (by automatic monitoring or User report), the following indicative deadlines apply: critical incidents (Service unavailable) - response within 30 minutes; medium incidents (reduced functionality) - response within 1 hour; low priority (minor issues) - response within 2 hours. For the Premium and Custom plans, priority deadlines defined by the offer may apply.

The SLA guarantees do not apply in cases outside the Provider's control:

• problems with equipment, network or internet connection on the User's side;
• force majeure and circumstances under Article 14;
• planned maintenance announced at least 48 hours in advance (as a rule during night hours);
• failures or limitations in the operation of third parties (network providers, recipients' external mail servers, DNS providers, external integrations);
• consequences of independent changes, misconfiguration or abuse by the User;
• suspension of the Service due to breach of these Terms or non-payment.

The User reports incidents and support requests via: e-mail at [email protected] (primary channel) and phone at +381 11 441 4580. Phone support is available on business days during working hours, while e-mail reports are processed in accordance with the SLA deadlines and incident priority. The Premium and Custom plans may include an extended level and availability time of support.

The stated SLA parameters constitute target service levels. If availability under section 7.1 is not achieved in a given calendar month, the User is entitled - upon written request within 30 days - to a proportional credit against the monthly fee for the affected month, up to a maximum of 100% of that monthly fee, as the sole and exclusive remedy. Any other remedy is limited by the provisions of Article 14 (Limitation of liability). A failure to meet the SLA parameters does not in itself create a right of the User to damages beyond that limitation, nor a right to terminate beyond the conditions defined by these Terms.

Article 8.User obligations

The User undertakes to:

• settle financial obligations under these Terms regularly and on time;
• provide accurate and complete legal-entity data (name, PIB, registration number, contact) when ordering and during use, and update it in case of change;
• safeguard access credentials (passwords, keys) and not share them with unauthorized persons; the User is liable for all actions performed using their access credentials;
• use the Service in accordance with the applicable regulations of the Republic of Serbia and these Terms;
• independently provide and maintain a privacy policy, a data-processing notice and other legally required documents for its end users.

Article 9.Acceptable use

Use of the Service in a manner contrary to its purpose and these Terms is considered abuse. The User is in particular prohibited from using the Service to:

• send unsolicited bulk mail (spam), chain letters or unsolicited commercial messages;
• distribute malware, viruses, worms or other malicious code;
• conduct phishing, fraud, impersonation (spoofing) or forgery of e-mail message headers;
• distribute content that is unlawful, that promotes violence, hatred, discrimination, or that exploits minors;
• infringe copyright, intellectual property rights or the rights of third parties;
• gain unauthorized access to others' systems, scan for vulnerabilities or circumvent security measures;
• carry out activities that create a disproportionate load on the infrastructure or endanger the stability and security of other users.

In the event of a breach of these rules, the Provider reserves the right, proportionate to the severity of the breach, to temporarily suspend or permanently terminate the Service, with notice to the User where possible. For serious breaches that endanger security or other users, suspension may be immediate.

Article 10.Outbound mail and reputation

Given that outbound mail traffic directly affects the reputation of the mail infrastructure and the deliverability of mail for all users, the User undertakes to use outbound mail exclusively for legitimate business communication.

The Provider continuously monitors the reputation of the outbound infrastructure and blacklist status. In the event of detecting unusual or abusive sending (e.g. a sudden spike in volume, sending from a compromised account, spam patterns), the Provider reserves the right to temporarily limit or suspend the User's outbound mail in order to protect reputation, with notice to the User and the taking of corrective measures.

The User must act without delay on the Provider's instructions in the event of a compromised account or another incident related to outbound mail.

Article 11.Personal data protection

The User is the controller of the personal data contained in its mailboxes and communication, within the meaning of the Personal Data Protection Act of the Republic of Serbia (ZZPL).

The Provider, to the extent it has access to personal data during hosting and support, acts as a processor on behalf of the User and processes such data solely for the purpose of providing the Service and on the User's documented instructions.

The Provider applies reasonable technical and organizational protection measures, including access control, traffic encryption (TLS/SSL), backups, security monitoring and restriction of data access to authorized persons only.

If the Provider becomes aware of a personal data breach, it will, without delay and no later than 72 (seventy-two) hours from becoming aware, notify the User in writing and provide the available information necessary to fulfill obligations toward the Commissioner.

The User gives general consent for the Provider to engage sub-processors (data center and network providers, sub-processors for specialized services) for the purpose of providing the Service. Upon the User's written request, the parties may conclude a separate Data Processing Agreement (DPA).

If the User processes the personal data of individuals from the territory of the European Union, the General Data Protection Regulation (GDPR), with which the ZZPL is harmonized, also applies to such processing. In that case the User, as controller, is responsible for fulfilling the additional obligations prescribed by the GDPR, and the Provider as processor acts in accordance with the User's instructions and the provisions of this Article.

Article 12.Intellectual property

The User retains all rights to its content (messages, attachments, contacts, data) processed and stored within the Service.

The Provider retains all copyright and intellectual property rights over the LimaMail platform, the LimaPanel control panel, as well as over all components, libraries, tools, scripts and development solutions it uses in providing the Service. Use of the Service does not transfer to the User any rights over the said intellectual property.

Article 13.Backups and data

The Provider performs automatic backups in accordance with the retention of the selected plan: 14 days (Lite), 30 days (Standard and Premium), or per the offer for Custom.

Backups serve for recovery in the event of technical incidents on the Provider's side and are stored at a location separate from the production environment. The Provider restores data from backup upon the User's written request.

Backups constitute an additional protective measure provided on a best-effort basis, intended for recovery in the event of technical incidents on the Provider's side, not a guarantee. The Provider does not guarantee the completeness, accuracy, availability or successful restoration of backups in every case.

Article 14.Limitation of liability, indemnity and force majeure

The Provider is not liable for damage caused by factors outside its control, including interruptions to the internet connection on the User's side, failures of the User's or third parties' equipment, nor for failures, outages or unavailability of third-party services (recipients' mail servers, network providers, external integrations).

The Provider is not liable for damage resulting from independent changes, misconfiguration, careless safeguarding of access credentials or unauthorized access to the User's account.

The Service is provided "as is" and on an as-available basis, with the guarantees expressly stated in these Terms and in the SLA (Article 7). The Provider gives no other express or implied warranties beyond those expressly agreed, including warranties of fitness for a particular purpose of the User or of uninterrupted, error-free operation, nor a guarantee of delivery of every individual message (which is affected by external mail servers and factors outside the Provider's control).

To the maximum extent permitted by mandatory regulations, the Provider is not liable for indirect, consequential, incidental or non-material damage, nor for lost profit, loss of revenue, loss or damage of data and messages, loss of business, reputation or clientele, nor for the costs of procuring a replacement service, regardless of the legal basis and regardless of whether the Provider was advised of the possibility of such damage.

The contracting parties are released from liability for non-performance of obligations due to force majeure - circumstances outside the parties' control that could not be foreseen or prevented by reasonable measures (natural disasters, fires, floods, states of war, terrorism, pandemics, measures of state authorities, prolonged interruptions of infrastructure or critical third-party services). The party affected by force majeure must notify the other party without delay.

The Provider's total liability for any kind of damage in connection with the Service may not exceed the sum of fees the User paid in the last 12 (twelve) months before the basis for liability arose.

Indemnity. The User undertakes to indemnify and hold harmless the Provider and the persons working for it from all claims, proceedings, damages, penalties and costs (including reasonable legal-defense costs) raised by third parties or competent authorities, arising from the User's content or messages, the manner in which the User uses the Service, or breach of these Terms or regulations by the User or its end users.

The limitations and exclusions of liability under this Article do not apply to damage caused by intent or gross negligence of the Provider, nor to liability which, under mandatory regulations, cannot be excluded or limited.

The User must raise any claim for damages in writing within 6 (six) months of becoming aware of the damage and its basis, and no later than one year from the damaging event.

Article 15.Cancellation and migration

The User may cancel the Service at any time by written notice (e-mail). The Service remains active until the end of the current paid subscription period; the amount already paid for the current period is not refunded, unless otherwise agreed.

After expiry or cancellation of the Service, the User has the right to export its data within 30 (thirty) calendar days, provided that all financial obligations have been settled. During that period, upon written request, the Provider provides an export of mailbox accounts in standard formats (Maildir or mbox) and reasonable technical support during migration to another provider.

After the period from the previous paragraph expires, the Provider reserves the right to permanently delete all of the User's data and is not liable for data the User did not retrieve within the said period.

The Provider may unilaterally terminate the contractual relationship in the event of late payment (Article 6), repeated or serious breach of these Terms, or use of the Service in a manner contrary to regulations.

Article 16.Amendments to the Terms

The Provider has the right to amend or supplement these Terms. Amendments, in a consolidated text, are published on the website, with notice to Users by e-mail at least 8 (eight) days before they take effect.

If the User continues to use the Service after the amendments enter into force, the User is deemed to agree with the amended Terms. If the User does not agree with the amendments, the User has the right to cancel the Service under the conditions of Article 15.

Article 17.Governing law and dispute resolution

These Terms and all relations between the Provider and the User are governed by the applicable regulations of the Republic of Serbia.

The contracting parties will attempt to resolve any disputes amicably. If an amicable resolution is not possible, the Commercial Court in Belgrade has jurisdiction to resolve the dispute.

Article 18.Notices and communication

All notices, consents and requests under these Terms are given in writing and are deemed validly delivered if sent by e-mail: to the User at the address stated in the order (or the last address the User provided), and to the Provider at [email protected] or [email protected].

A notice is deemed received no later than the next business day from the day of sending, unless the sender receives a non-delivery message. The User must maintain a valid and active e-mail address and report any change to the Provider without delay; the Provider is not liable for the consequences of the User's failure to maintain correct contact details.

Article 19.Final provisions

These Terms constitute the entire agreement between the Provider and the User regarding the LimaMail service and supersede all prior oral or written agreements relating to it. In the event of a separately signed agreement between the parties, the provisions of that agreement prevail to the extent they differ from these Terms.

If any provision of these Terms is declared invalid or unenforceable, this does not affect the validity of the remaining provisions.

These Terms apply from the date stated at the beginning of the document.