Terms of use
1. Scope
These terms govern the use of the MailVault software, offered by MarketVision AG, Hagenholzstrasse 84, 8050 Zurich, Switzerland, company number CHE-141.149.077. Differing terms of the customer apply only where we have agreed to them in writing.
2. Right of use
With a licence you receive a non-exclusive, non-transferable right to use MailVault for your own purposes within the agreed scope. The software runs on your own equipment; the archives it produces are yours.
Passing on, renting out or sublicensing the software to third parties is not permitted, nor is removing copyright notices. Reverse engineering is permitted only so far as the law compels it.
3. Your obligations
- You ensure you are entitled to access the mailboxes you archive.
- You back up your archives, and in particular the key file
keys/master.key, separately from the archive. Without that key, encrypted content cannot be read, and we cannot recover it. - You comply with the rules that apply to you, in particular on data protection and on monitoring employees.
4. Retention and compliance
MailVault is designed to support the technical requirements of retention rules such as GeBüV, GoBD, GDPR and SEC 17a-4. The software alone does not establish compliance with them.
Whether an organisation complies also depends on its processes, its procedural documentation, its controls and its keeping of a second copy. The software reports outstanding organisational requirements as outstanding. We owe no legal advice and give no assurance that a particular archive will withstand an audit. Have your auditor or legal adviser assess that.
5. Access to third-party mailboxes
Where MailVault signs in to Microsoft or Google over OAuth, it does so with the permissions you or your administrator grant. You are responsible for that grant being permissible in your organisation. We receive neither credentials nor tokens nor message content; see the privacy statement.
6. Warranty
We warrant that the software materially conforms to the description published at the time of purchase. Software is never free of defects; uninterrupted or error-free operation is not assured.
If a reproducible defect you report appears within the statutory period, we will repair it or provide a replacement. If that does not succeed within a reasonable time, you may withdraw from the contract.
7. Liability
We are liable for damage caused intentionally or through gross negligence, and in the further cases where the law imposes liability. Otherwise, so far as the law permits, liability is limited to the licence fees paid in the preceding twelve months.
Liability is excluded for loss of data that a reasonable and regularly tested backup would have prevented, and for lost profit and consequential loss.
8. Term and termination
The period of use follows the licence acquired. When it ends, you may no longer use the software. Archives you have already created remain yours and remain readable in a documented, open format; they are not tied to a current licence.
9. Governing law and jurisdiction
Swiss law applies, excluding the United Nations Convention on Contracts for the International Sale of Goods. The place of jurisdiction is Zurich, unless a mandatory place of jurisdiction takes precedence. Mandatory consumer protection provisions of your country of residence are reserved.