End User Agreement

End User Agreement

Version: 2.9  |  Effective Date: November 28th, 2025IMPORTANT NOTICE:

This End User Agreement (“EUA”) governs your use of the email and related services supplied to you by the Customer (defined below), which may include products and services powered, hosted, or licensed by Atmail Pty Ltd, ACN 088 876 733 (“Atmail”).

This EUA is an agreement between you and the Customer who provides you with access to these services. Atmail is not a party to this EUA, but certain provisions expressly grant Atmail rights, protections, and enforcement capabilities as a third-party beneficiary.

By creating, activating, or using an account, you agree to be bound by this EUA, the embedded Acceptable Use Policy, and the Customer’s associated policies and notices. If you do not agree, you must not use the Services.

1. Definitions

In this EUA:

“Account” means the email or related account allocated to you by the Customer, which may include access to Cloud Hosted Email, Atmail Software (on-premises), Content Shield (Cloud or On-prem), Lawful Interception features, or other components.

“Customer” means the organisation or service provider that has supplied or granted you access to the Services and has entered into a master services or licensing agreement with Atmail.

“End User”, “you” or “your” means the individual using the Account.

“Atmail Services” or “Services” means the email and related services and software supplied by or on behalf of the Customer, which may be hosted or provided using Atmail’s products and platforms.

“Atmail Content” means all software, tools, documentation, interfaces, and related materials provided by Atmail.

“User Content” means any content you send, receive, upload, generate, store, or otherwise handle using the Services.

“AI Service” means any service, software, or tool (whether provided by Atmail or a third party) that performs generative, analytical, or agentic tasks using artificial intelligence.

Capitalised terms not defined in this EUA have the meaning given to them in the Customer’s
agreement with Atmail (where applicable).

2. Relationship Between the Parties

2.1 Contracting Parties
This EUA is between you and the Customer. The Customer is solely responsible for supplying the Services to you.

2.2 Atmail as Third-Party Beneficiary
You acknowledge that Atmail is the underlying technology and service provider and that Atmail is an express third-party beneficiary of the obligations, restrictions, rights, and protections contained in this EUA. Atmail may enforce this EUA directly to the extent necessary to protect its systems, software, intellectual property, or legal interests.

2.3 Support
The Customer is solely responsible for all support, assistance, and communications with End Users.

You must contact the Customer (not Atmail) for support, troubleshooting, or account assistance.

3. Eligibility and Account Requirements

3.1 Age Requirement
You must be at least 18 years of age to use the Services.

3.2 Accurate Information
You must use accurate information when activating or using your Account.

3.3 Security of Credentials
You are responsible for keeping your login credentials confidential. Any activity conducted under your Account is deemed to be your activity.

3.4 Notification of Issues
You must promptly notify the Customer of any unauthorised access, security issue, or suspected breach relating to your Account.

4. Grant of Use Rights

4.1 Limited Right of Use
The Customer grants you a limited, non-exclusive, non-transferable right to use the Services in accordance with this EUA.

4.2 No Ownership Rights
You obtain no ownership rights in the Services or any Atmail Content.

4.3 No Sublicensing
You may not sublicense, share, transfer, sell, or otherwise allow any other person to use your Account.

5. User Content

5.1 Ownership
You retain ownership of User Content you lawfully create or submit.

5.2 Licence to Customer and Atmail
You grant the Customer and Atmail a non-exclusive, worldwide, royalty-free licence to store, transmit, filter, scan, process, classify, secure, and otherwise handle User Content as required to provide, support, secure, and improve the Services.

5.3 Responsibility for User Content
You are solely responsible for User Content, including its legality, accuracy, security, and compliance with this EUA and all applicable laws.

6. Acceptable Use Policy (AUP)

This Acceptable Use Policy is embedded as part of the EUA.

6.1 Illegal or Harmful Activity
You must not use the Services:

  • to break any law, regulation, court order, or governmental instruction;
  • to store, transmit, or distribute any illegal, infringing, harmful, defamatory, obscene, hateful, violent, or discriminatory material;
  • to harass, threaten, or defraud others;
  • to engage in cybercrime, phishing, malware propagation, hacking, or surveillance without lawful authority.

6.2 Intellectual Property and Security Violations
You must not use the Services:

  • to infringe any copyright, trademark, or other intellectual property rights;
  • to circumvent or attempt to circumvent security controls or technical protection measures;
  • to reverse-engineer, decompile, disassemble, or modify any Atmail software or systems, except to the limited extent that applicable law expressly permits despite this restriction;
  • to interfere with or disrupt the normal functioning, integrity, or performance of the Services or any related systems.

6.3 Email and Messaging Misuse

  • Do not send spam, unsolicited commercial messages, or bulk communications in violation of applicable law.
  • Do not store, transmit, or use electronic address lists generated through harvesting, scraping, or any similar techniques.
  • Do not create or enable unusual or excessive email volumes or patterns that may degrade system performance or appear abusive.

6.4 Integrity of the Network
You must not do anything that:

  • places an unreasonable or disproportionately large load on the Services or related infrastructure;
  • disrupts, degrades, or interferes with the use of the Services by others;
  • attempts to bypass or disable quotas, storage limits, or technical restrictions.

7. AI-Related Rules and Restrictions

7.1 Prohibited AI Content
You must not use any AI Service within the Services to generate, upload, distribute, or facilitate:

  • illegal content or activity;
  • deepfakes or manipulated media that could mislead, defraud, impersonate, or harm others;
  • discriminatory, hateful, or abusive content;
  • content infringing third-party intellectual property or other legal rights;
  • harmful automated actions or agentic behaviours that interfere with the Services or third-party systems.

7.2 Internal AI Processing Notice
You acknowledge that the Customer and/or Atmail may use AI-driven internal tools for purposes such as:

  • spam and malware classification;
  • threat detection and abuse prevention;
  • analysis of support interactions to improve efficiency and quality;
  • service performance monitoring and enhancement.

Any such processing will be carried out in accordance with applicable privacy notices and data protection arrangements. User Content is not used to train publicly available or third-party AI models.

8. Privacy

Your use of the Services is subject to:

  • the Customer’s privacy policy; and
  • any applicable privacy notices explaining how Atmail processes personal data on behalf of the Customer.

You should review these documents carefully, as they explain how your personal information is collected, used, disclosed, and protected.

9. Suspension and Termination

9.1 Suspension or Termination by the Customer
The Customer may suspend or terminate your Account at any time where:

  • you breach this EUA or the Acceptable Use Policy;
  • you engage in illegal or harmful activity;
  • your use of the Services poses a security or operational risk;
  • required for non-payment or other breach of the Customer’s terms (if applicable); or
  • your employer or another organisation administering your Account instructs the Customer to do so.

9.2 Suspension or Restriction by Atmail
Atmail may independently suspend, restrict, or disable your access to the Services where:

  • necessary to protect Atmail’s systems, infrastructure, or other users;
  • required by law, regulator, or court order; or
  • your actions violate this EUA or create security, legal, or operational risks.

Atmail does not provide direct End User support or service credits in connection with any suspension, restriction, or termination of your access.

10. Intellectual Property Rights

10.1 Atmail Content
All Atmail Content is protected by copyright and other intellectual property laws. You acquire no ownership rights in Atmail Content.

10.2 Limited Rights
Your rights are limited to those expressly granted in this EUA and do not include any right to obtain source code, modify the software, or create derivative works.

10.3 Notices
You must not remove or alter any proprietary notices, trademarks, or branding displayed in or on the Services.

11. Disclaimers and Limitations of Liability

11.1 “As Is” and “As Available”
To the maximum extent permitted by law, the Services are provided on an “as is” and “as available” basis. Neither the Customer nor Atmail guarantees that the Services will be uninterrupted, error-free, secure, or free from harmful components.

11.2 No Guarantee of Outcomes
Neither the Customer nor Atmail guarantees:

  • that data will be preserved without loss or corruption;
  • that email or other messages will always be delivered or received;
  • that defects will be corrected immediately; or
  • that the Services will meet your individual requirements beyond what is required by law.

11.3 Exclusion of Certain Loss
To the maximum extent permitted by law, the Customer and Atmail are not liable for:

  • any indirect, incidental, special, or consequential loss or damage;
  • loss of profits, revenue, business, goodwill, or opportunities;
  • loss or corruption of data;
  • any loss or damage arising from your failure to maintain adequate backups or security of your devices or systems.

11.4 Cap on Liability
To the extent liability cannot be excluded, the total aggregate liability of the Customer and Atmail to you arising from or in connection with the Services or this EUA is limited to the fees (if any) paid for your Account in the six (6) months before the event giving rise to the claim.

11.5 Non-Excludable Rights
Nothing in this EUA excludes, restricts, or modifies any rights, guarantees, or remedies that cannot be excluded under applicable consumer protection laws. Where such laws apply, the liability of the Customer and Atmail is limited to the minimum extent required by law.

12. Governing Law

This EUA is governed by the laws of the Customer’s jurisdiction, unless the Customer specifies another governing law in its own terms of service or in the agreement under which it provides the Services to you.

You submit to the exclusive jurisdiction of the courts of that jurisdiction in respect of any dispute arising under or in connection with this EUA.

13. Changes to this EUA

The Customer may modify this EUA from time to time. The Customer will provide notice of material changes as required under applicable law, which may include posting an updated version on the relevant website or service portal.

Your continued use of the Services after any change takes effect constitutes your acceptance of the updated EUA.

14. Contact Details

All enquiries regarding your Account, this EUA, or the Services should be directed to the Customer who provides your service.

If you have questions about Atmail’s role as a technology provider or its rights as a third-party beneficiary of this EUA, you may contact Atmail at:

Atmail Pty Ltd
Suite 251, Level 18, 324 Queen Street
Brisbane QLD 4000, Australia
[email protected]