Terms of Service

1. Agreement to Terms

Welcome to Nivi Email, a business communication platform owned and operated by Nivi Cloud Pvt. Ltd. ("Company", "we", "our", or "us"). By accessing or using our webmail interface, SMTP/IMAP/ActiveSync servers, Unified Workspace, AI-Powered Intelligence features, or Model Context Protocol (MCP) integrations (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms").

If you are entering into these Terms on behalf of a company, organization, or other legal entity, you represent that you have the authority to bind such entity and its end-users to these Terms.

2. Account Registration & Domain Administration

• Domain Verification: To provision mailboxes on Nivi Email, you must own or have explicit administrative authorization to configure DNS records (MX, SPF, DKIM, DMARC) for the registered domain name.
• Administrator Responsibilities: Organization administrators are responsible for managing user accounts, enforcing strong password and authentication policies, and overseeing compliance with these Terms across all mailboxes under their domain.
• Account Security: You are responsible for maintaining the confidentiality of your login credentials, API keys, and MCP access tokens, and for all activities that occur under your account.

3. Subscription Plans, Storage & Billing

• Service Tiers: Nivi Email is offered across multiple subscription tiers, including Starter (5GB), Business (10GB), Premium (30GB), and Enterprise (50GB). Storage quotas apply per mailbox unless otherwise specified in an enterprise agreement.
• Billing Cycles: Subscriptions are billed in advance on a monthly or annual basis. Annual plans include a promotional discount off standard monthly rates.
• Storage Limits & Overages: If a mailbox reaches 100% of its allocated storage capacity, inbound mail delivery may be temporarily deferred until storage is freed or the mailbox is upgraded to a higher plan.
• Taxes & Renewals: All fees are exclusive of applicable goods and services taxes (GST) or local duties. Plans renew automatically unless canceled prior to the renewal date.

4. Refund & Cancellation Policy

At Nivi Cloud Pvt. Ltd., we want you to be completely confident in your Nivi Email subscription. Our refund and cancellation policy is structured as follows:

• 14-Day Free Trial: New organizations can evaluate Nivi Email through our 14-day free trial without charges. You may cancel at any time during the trial period with zero obligation.
• 7-Day Money-Back Guarantee (First-Time Subscriptions): If you are not satisfied with Nivi Email after upgrading to a paid plan, you may request a full refund within 7 calendar days of your initial subscription purchase.
• Renewals & Ongoing Billing: Recurring monthly or annual subscription renewals are non-refundable once billed. You may cancel auto-renewal at any time through your administrator billing console, and your service will remain active until the end of the current paid billing cycle.
• Plan Upgrades & Downgrades: Upgrading to a higher storage tier (e.g., from Business 10GB to Premium 30GB or Enterprise 50GB) takes effect immediately on a pro-rata basis. Downgrades take effect at the start of the next billing cycle.
• Non-Refundable Items: Custom domain registration fees, dedicated IP provisioning fees, paid migration add-ons, and accounts terminated for violating our Acceptable Use or Anti-Spam Policy are strictly non-refundable.
• Refund Processing Timeline: Approved refunds are credited back to the original payment method within 5–7 business days. To request a refund, please email support@nivi.email with your registered domain name and invoice number.

5. Acceptable Use & Strict Anti-Spam Policy

To maintain pristine IP and domain deliverability for all customers, Nivi Email enforces a zero-tolerance policy against email abuse. You agree NOT to use the Services to:

• Send unsolicited commercial email (spam), bulk cold outreach, or messages to purchased, rented, or scraped mailing lists.
• Transmit malware, ransomware, spyware, Trojans, or corrupted attachments.
• Engage in phishing, spoofing, domain impersonation, or fraudulent schemes.
• Bypass or attempt to circumvent outbound rate limits, spam filters, or security controls.

Enforcement: Nivi Cloud Pvt. Ltd. reserves the right to immediately throttle, quarantine, or suspend any mailbox or domain that triggers high bounce rates, spam complaints, or blacklist alerts to protect our shared network reputation.

6. AI-Powered Intelligence & MCP Integration

Depending on your subscription plan, your account may include access to AI features (Smart Compose & Reply, Thread Summarization, Tone & Sentiment Analysis) and Model Context Protocol (MCP) server integrations:

• User Oversight: AI-generated drafts, summaries, and tone assessments are provided as productivity aids. You remain solely responsible for reviewing and verifying the accuracy and appropriateness of any message sent from your mailbox.
• External Models & BYOK: Where you connect third-party model providers (OpenAI, Anthropic, Google, or local Ollama instances) or external MCP clients, your use of those third-party services is subject to their respective terms and policies.
• Data Privacy: As detailed in our Privacy Policy, Nivi Email does not use your confidential mailbox content to train public foundation models.

7. Service Level Agreement (SLA) & Uptime

We strive to maintain 99.9% network and mail server uptime across our infrastructure, excluding scheduled maintenance windows (for which we provide advance notice) and force majeure events. Our technical support team monitors inbound and outbound queues 24/7 to ensure rapid delivery.

8. Intellectual Property & Customer Data

• Your Data: You retain full ownership and intellectual property rights over all emails, attachments, contacts, calendar entries, and files stored in your Nivi Email workspaces.
• Our Platform: All rights, title, and interest in and to the Nivi Email software, webmail interface, visual design, trademarks, and underlying infrastructure remain the exclusive property of Nivi Cloud Pvt. Ltd.

9. Suspension & Termination

• Cancellation by You: You may cancel your subscription or downgrade mailboxes at any time via the administrator billing portal.
• Termination for Cause: We may suspend or terminate access to the Services immediately if you materially breach these Terms (including our Anti-Spam Policy) or fail to pay overdue invoices after notice.
• Data Export: Prior to termination, administrators may export mailbox data via standard IMAP migration tools or archive exports. Following termination, data is purged in accordance with our Privacy Policy retention schedule.

10. Limitation of Liability

To the maximum extent permitted by applicable law, Nivi Cloud Pvt. Ltd. and its directors, employees, and partners shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business goodwill. Our total cumulative liability arising out of or related to these Terms shall not exceed the total amount paid by you to Nivi Cloud Pvt. Ltd. for the Services in the twelve (12) months preceding the claim.

11. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of India. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in India.

12. Contact Information

For questions regarding these Terms of Service, refund requests, billing inquiries, or enterprise compliance, please contact us:

Nivi Cloud Private Limited
Registered Address: 2/90 Vijay Khand, Gomti Nagar, Lucknow, Uttar Pradesh – 226010, India
Phone: +91 94296 92542
Email: support@nivi.email