CaseMail Terms of Service

1. Agreement and Scope

These Terms of Service ("Terms") are a legally binding agreement between you and VerTrius Corp, doing business as CaseMail ("CaseMail," "we," "us," or "our"), governing your access to and use of CaseMail websites, accounts, Certified Postal Mail services, Certified Email services, Digital Evidence Archive features, certificates, integrations, APIs made available through CaseMail, and related CaseMail products and services (collectively, the "Services").

These Terms are intended to apply to CaseMail.us and CaseMail.ai and to CaseMail Services that link to these Terms. An order form, subscription page, enterprise agreement, data-processing agreement, API agreement, statement of work, or other written agreement may contain additional or different terms. If there is a conflict, the more specific signed or accepted agreement controls for the subject it covers.

By creating an account, clicking an acceptance button, purchasing or using a Service, or otherwise accessing the Services, you agree to these Terms. If you use the Services for an organization, you represent that you have authority to bind that organization.

2. Eligibility and Accounts

You must be legally capable of entering into a binding agreement and at least 18 years old to create an account unless CaseMail expressly permits otherwise. You agree to provide accurate account information and keep it current.

You are responsible for safeguarding credentials and for activity under your account, except to the extent caused by CaseMail's breach of these Terms or applicable law. You must promptly notify CaseMail of suspected unauthorized access or security incidents involving your account.

Organization administrators may manage users, permissions, billing, connected systems, and records for their organization. If your account is provided by an employer, client, law firm, government agency, or other organization, that organization may control your account and associated data subject to its agreement with CaseMail.

3. CaseMail Services

CaseMail provides certified communications and evidence-record services. Depending on your plan and enabled features, the Services may include Certified Postal Mail, address verification, document preparation and stamping, mailing and delivery tracking, Certificates of Mailing or Delivery, Certified Email, email-account verification, capture and certification of selected correspondence, attachments and metadata, Live Certificates or other certificate records, Digital Evidence Archive storage, integrations, records management, and related verification features.

Features, pricing, limits, storage, supported integrations, carrier options, and service levels may vary by plan, order form, geography, or service. CaseMail may improve, modify, replace, or discontinue features, subject to applicable agreements and law.

4. Customer Content and Ownership

As between you and CaseMail, you retain all ownership rights you have in documents, correspondence, attachments, mailing files, contact data, recipient data, and other content you or your authorized users submit to the Services ("Customer Content"). These Terms do not transfer ownership of Customer Content to CaseMail.

You grant CaseMail and its service providers a limited, non-exclusive right to host, copy, transmit, transform, fingerprint, process, store, display, and otherwise use Customer Content only as reasonably necessary to provide, secure, support, and improve the Services; comply with your instructions and applicable agreements; create requested certificates or evidence records; comply with law; and protect the Services and their users.

You represent that you have the rights, permissions, and lawful basis necessary to submit Customer Content and direct CaseMail to process it. You are responsible for determining whether your use of the Services is appropriate for your legal, professional, regulatory, contractual, or recordkeeping obligations.

5. Connected Accounts and Third-Party Integrations

You may connect CaseMail to authorized third-party services such as Google Workspace/Gmail, Microsoft services, practice-management systems, or other integrations. By connecting an account, you authorize CaseMail to exchange data with that provider within the permissions you grant and for the user-facing CaseMail functions you request.

Your relationship with a third-party provider is governed by that provider's terms. CaseMail is not responsible for changes, outages, restrictions, or termination of a third-party service that affect an integration.

Google Workspace and Gmail data is also subject to CaseMail's Google Workspace API Privacy & Limited Use Policy and applicable Google developer policies.

6. Certified Postal Mail

When you submit a postal mailing, you authorize CaseMail and its fulfillment, carrier, address-verification, and postal service providers to process the documents and recipient information necessary to prepare, mail, track, and document the mailing you request.

You are responsible for the accuracy and lawfulness of the documents, recipient information, service selections, and instructions you submit. Address verification and carrier data can reduce errors but do not guarantee successful delivery.

Postal delivery, tracking, return-receipt information, and carrier scans depend on third parties, including the United States Postal Service and other providers. CaseMail does not control carrier operations and cannot guarantee a particular delivery date, delivery event, scan, acceptance decision, or carrier record unless expressly stated in a separate service commitment.

7. Certified Email and Evidence Archive

Certified Email features may authenticate a connected email account and allow you to select correspondence for capture, certification, storage, verification, or sharing. CaseMail may process message bodies, attachments, participants, headers, MIME content, timestamps, and related metadata as necessary for the enabled feature.

The Digital Evidence Archive and certificate features are designed to preserve selected records and evidence history. Records you direct CaseMail to preserve may remain available after the original email, account connection, or third-party provider changes, subject to your plan, retention settings, applicable agreement, and law.

CaseMail does not require unrestricted access to every message in an inbox merely because an account is connected. Access depends on the integration permissions and features you authorize. You are responsible for selecting or directing the correspondence CaseMail processes.

8. Certificates, Verification, and Evidentiary Limits

CaseMail certificates and verification records are designed to document specific facts supported by the Service, such as the content submitted for a mailing, mailing or processing events, carrier tracking or delivery information when available, the content and metadata of selected email correspondence, cryptographic fingerprints, timestamps, certification events, and related audit history.

Different verification signals establish different things. A document-integrity record may show that a digital file matches a recorded cryptographic fingerprint. A timestamp or blockchain transaction may show that specified proof data was recorded at or around a particular time. An email-account verification may associate an account with an authenticated user or connection. A carrier record may document a carrier-reported mailing or delivery event.

Unless CaseMail expressly states otherwise in a specific certificate or written agreement, a certificate or blockchain record does not by itself establish that every statement in underlying content is true; that a recipient read, understood, or agreed with a communication; that a document is legally sufficient for every purpose; that a person had legal authority to make every statement; or that your use satisfies every court, agency, contractual, or regulatory requirement.

CaseMail is a technology and evidence-service provider and does not provide legal advice. You should obtain professional advice when necessary to determine whether a particular method of notice, service, mailing, electronic communication, retention, authentication, or evidence is sufficient for your use case.

9. Blockchain and Cryptographic Records

Some CaseMail services may generate cryptographic fingerprints or record selected proof data on a public or permissioned blockchain. Public blockchain transactions may be permanent, publicly visible, and outside CaseMail's ability to alter or delete after confirmation.

Blockchain evidence is one component of a verification record. Blockchain registration alone does not prove the truth, legality, authorship, authenticity, or legal effect of the underlying Customer Content beyond the specific technical evidence represented by the record.

10. Acceptable Use

You may not use the Services to violate law; infringe intellectual property or privacy rights; transmit malware; interfere with security or service operation; gain unauthorized access; send unlawful, fraudulent, deceptive, threatening, harassing, or abusive communications; impersonate another person without authority; submit content you do not have a right to process; manipulate certificates or verification records; misrepresent a CaseMail record; or use the Services in a way that could damage CaseMail, carriers, service providers, or other users.

You may not reverse engineer or circumvent technical restrictions except to the extent a restriction is prohibited by applicable law. You may not use automated means to scrape or extract the Services in a manner not authorized by CaseMail.

11. Fees, Subscriptions, Postage, and Credits

Fees, subscription terms, usage charges, storage fees, postage, fulfillment charges, taxes, and other amounts are shown in the applicable plan, checkout, order form, or agreement. You authorize CaseMail and its payment providers to charge the payment method associated with your account for amounts due.

Recurring subscriptions renew according to the billing cadence disclosed at purchase unless canceled before the renewal date in accordance with the applicable subscription terms. We will provide renewal or cancellation notices when required by applicable law.

Except where a plan, order form, promotional term, or applicable law provides otherwise, subscription fees already charged are non-refundable. Cancellation stops future renewal but does not retroactively refund amounts properly charged for a completed billing period.

Prepaid postage or service credits are applied according to the terms presented when purchased. Credits may be subject to usage, expiration, refund, or transfer restrictions stated at purchase or in an applicable enterprise agreement. Carrier postage and fulfillment charges may become non-refundable once a mailing has entered processing.

You are responsible for applicable taxes unless a valid exemption applies. CaseMail may use third-party services to calculate, collect, or remit taxes.

12. Records, Retention, Export, and Account Closure

Account closure does not necessarily erase all CaseMail records. CaseMail may retain certificates, audit history, mailing records, delivery records, evidence-archive records, billing records, backups, fraud-prevention records, and blockchain proof data when retention is part of the requested service, required by law, permitted by our Privacy Policy, or necessary to protect legal rights.

Where the Services provide an export or download function, you are responsible for exporting records you need before account closure or expiration of an applicable retention period. Specific enterprise agreements or plans may provide additional retention, export, or deletion commitments.

13. Privacy and Security

Our Privacy Policy explains how CaseMail collects and uses Personal Information. You agree to use the Services in a manner consistent with applicable privacy and data-protection laws and your responsibilities to data subjects.

CaseMail uses safeguards designed to protect the Services, but no system is completely secure. You are responsible for reasonable security practices for your devices, credentials, connected accounts, and authorized users.

14. Intellectual Property and Feedback

CaseMail and its licensors own the Services, software, interfaces, designs, documentation, trademarks, logos, patents, proprietary technology, and other materials provided by CaseMail, excluding Customer Content. Subject to these Terms and payment of applicable fees, CaseMail grants you a limited, non-exclusive, non-transferable right to use the Services for your authorized internal, professional, or business purposes.

If you provide suggestions or feedback, you grant CaseMail a perpetual, worldwide, royalty-free right to use that feedback without restriction or obligation to you, provided that CaseMail does not acquire ownership of your Customer Content merely because it appears in feedback.

15. Confidentiality

If you and CaseMail have a separate nondisclosure or enterprise agreement, that agreement controls confidential information within its scope. You should not submit privileged, confidential, or sensitive information through general website contact forms unless the form or agreement is intended for that purpose.

16. Suspension and Termination

You may stop using the Services or cancel a subscription as permitted by your plan or agreement. CaseMail may suspend or terminate access if you materially breach these Terms, fail to pay amounts due, create a security or legal risk, misuse certificates or records, or use the Services in a way that threatens the Services or others. Where reasonable, CaseMail will provide notice and an opportunity to cure before suspension or termination, except when immediate action is reasonably necessary.

Provisions that by their nature should survive termination will survive, including payment obligations, ownership, evidence and retention provisions, disclaimers, limitations of liability, indemnification, dispute provisions, and general terms.

17. Service Availability and Changes

We work to maintain reliable Services but do not guarantee uninterrupted or error-free operation. Maintenance, security events, third-party outages, carrier outages, internet failures, integration changes, force majeure events, and other circumstances may affect availability.

We may update the Services and these Terms. If a change materially affects your rights or obligations, we will provide reasonable notice when required by law or the applicable agreement. Your continued use after the effective date of updated Terms constitutes acceptance, except where affirmative consent is legally required.

18. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." CASEMAIL DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, EXCEPT TO THE EXTENT A WARRANTY CANNOT LAWFULLY BE DISCLAIMED.

CASEMAIL DOES NOT WARRANT THAT THE SERVICES, THIRD-PARTY INTEGRATIONS, CARRIER SYSTEMS, OR BLOCKCHAIN NETWORKS WILL BE UNINTERRUPTED, ERROR-FREE, OR AVAILABLE AT ALL TIMES, OR THAT A PARTICULAR CERTIFICATE, DELIVERY RECORD, OR COMMUNICATION METHOD WILL SATISFY EVERY LEGAL OR REGULATORY REQUIREMENT.

19. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CASEMAIL'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY YOU TO CASEMAIL FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY. FOR FREE SERVICES, CASEMAIL'S AGGREGATE LIABILITY WILL NOT EXCEED US $100.

The exclusions and limitations in this section do not apply to liability that cannot be limited under applicable law. A separate signed enterprise agreement may establish different liability terms.

20. Indemnification

To the extent permitted by law, you will defend and indemnify VerTrius Corp, CaseMail, and their officers, directors, employees, and agents from third-party claims, damages, liabilities, and reasonable costs arising from your Customer Content, your unlawful or unauthorized use of the Services, your violation of these Terms, or your infringement of another person's rights, except to the extent caused by CaseMail's own breach, negligence, or willful misconduct.

21. Governing Law and Disputes

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles. Unless a separate written agreement provides otherwise, the state and federal courts located in Delaware will have exclusive jurisdiction over disputes arising out of or relating to these Terms or the Services, and each party consents to personal jurisdiction and venue in those courts.

Nothing in this section prevents either party from seeking temporary or preliminary injunctive relief in a court of competent jurisdiction to protect intellectual property, confidential information, or security while a dispute is pending. Consumer rights that cannot lawfully be waived remain unaffected.

22. Electronic Communications and Notices

You agree that CaseMail may provide service-related notices electronically, including by email, in-product notice, or posting within the Services. Electronic notices satisfy any legal requirement that communications be in writing to the extent permitted by law.

Formal legal notices to CaseMail under these Terms should be sent to legal@vertrius.com and, when a mailed notice is required, to: VerTrius Corp 16192 Coastal Highway Lewes, DE 19958

23. General

These Terms and any applicable order form or separate agreement constitute the agreement between the parties for the Services they cover. If any provision is unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions will continue in effect.

You may not assign these Terms without CaseMail's written consent, except as permitted by an applicable agreement. CaseMail may assign these Terms in connection with an affiliate reorganization, merger, acquisition, financing, or sale of assets.

Failure to enforce a provision is not a waiver. Section headings are for convenience only. No agency, partnership, employment, franchise, or joint venture is created by these Terms.

24. Contact