Terms of Service

1. Subject matter of the contract and legal status of the Parties

1.1. Regulated relations. These Terms of Service (hereinafter — the "Terms" or the "Contract") constitute a public offer to conclude an adhesion contract and determine the rules, procedure and conditions under which the Limited Liability Company SRL "APB COPR" (Societatea cu Răspundere Limitată "APB COPR"), registered in accordance with the legislation of the Republic of Moldova, IDNO: 1020600014501, legal address: mun. Chișinău, str. Ciocana 12, of. 16, email: support@postax.md (hereinafter — the "Company"), provides corporate and personal email hosting services through the postaX cloud platform on the website https://postax.md (hereinafter — the "Platform" or the "Service").

1.2. Segregation of User status. For the purposes of proper application of the norms of the applicable law of the Republic of Moldova, the Parties agree to divide Users into the following categories:

• Consumer (B2C) — a natural person who acquires, orders or uses the Services of the Platform exclusively for personal, family or household needs not related to entrepreneurial, commercial or professional activity (in accordance with Art. 1013 of the Civil Code of the RM). The mandatory norms of the RM legislation on consumer protection apply to relations with Consumers.
• Business Client (B2B) — a legal entity registered in the manner established by law, or a natural person carrying out independent professional or entrepreneurial activity (including individual entrepreneurs), using the Services of the Platform for commercial, business or professional purposes.
• User — a general term used in this Contract to designate both Consumers and Business Clients, unless the context requires otherwise.

1.3. Territorial restrictions (Exclusion of EU/GDPR jurisdiction). The postaX Platform is designed and operated on the territory of the Republic of Moldova and is intended for use by persons located in the Republic of Moldova. The Company's activity is not aimed at the territory of the European Union (EU) or the European Economic Area (EEA), the Company does not offer goods or services to persons in the EU and does not carry out systematic monitoring of their behaviour. The Platform applies technical geoblocking (GeoIP) and directly restricts access to the Service for users from the countries of the European Union. Registration of accounts by persons located in the EU/EEA territory is strictly prohibited. Any attempts to bypass geoblocking (including the use of VPN, proxy servers and other technical means) are categorically prohibited. In case of detection of the fact of use of the Platform by an EU resident or an attempt to bypass geoblocking, the Company reserves the right to block and delete such an account unilaterally.

1.4. Language of the Contract. The official, legally priority and binding language of this Contract is Romanian. The Russian version is provided to Users exclusively for information and convenience. In case of any disagreements, discrepancies in interpretation or contradictions between the Romanian and Russian versions of the documents, exclusively the Romanian version shall have legal force.

1.5. Unconditional acceptance. The performance by the User of any active action on the Platform, including, but not limited to: access to the site, passing the account registration procedure, sending a subscription offer, making payment for services or authorization in the control panel, is recognized by the Parties as full, unconditional and final acceptance of the terms of this Contract. If the User does not agree with the terms of the Contract as a whole or any of its sections, he is obliged to immediately cease any use of the Platform.

2. Accounts, registration and procedure for concluding the Contract

2.1. Right to registration and requirements for Users:

2.1.1. Natural persons (Consumers B2C): A natural person has the right to register an account and use the Platform only if he has the necessary legal and dispositive capacity to conclude legally binding agreements.

2.1.2. Legal entities and professionals (B2B): Registration of an account on behalf of a legal entity or an individual entrepreneur may be carried out only by a person possessing the relevant powers (administrator on the basis of data from the State Register or an authorized representative on the basis of a power of attorney). By creating an account, such a person confirms and guarantees that he acts on behalf of the respective organization on legal grounds. The Company has the right at any time to request documents confirming the relevant powers.

2.1.3. Accuracy of information: Upon registration, the User is obliged to provide complete, accurate and up-to-date information. Until the completion of registration, the User is provided with a technical opportunity to check the entered data and correct any input errors. The User undertakes to promptly update the registration data when it changes. The Company has the right to suspend or terminate access to the Platform in case of providing false, incomplete or misleading information.

2.1.4. Uniqueness of the account (Tenant): Each User is granted the right to register only one account (Tenant), which represents a single isolated management space. Within one account (Tenant), the User has the right to create and use an unlimited number of separate mailboxes (in accordance with the limits of the selected Tariff Plan). Creation by the User of several separate accounts (Tenants) for the purpose of bypassing the technical, tariff or anti-spam restrictions of the Platform is strictly prohibited.

2.2. Procedure and moment of conclusion of the Contract:

2.2.1. Registration procedure: The conclusion of this Contract is carried out in electronic form (in accordance with Law of the RM No. 284/2004 "On Electronic Commerce") by the User sequentially performing the following actions:

• familiarization with these Terms and the Privacy Policy;
• filling out the registration form;
• confirmation of consent to the Terms by setting a graphic mark (click-consent);
• explicit consent of the User that the fixation and recording of the cryptographic hash SHA-256 of the accepted revision of the document, together with the IP address, User-Agent parameters and timestamp in the Company's technical logs, is recognized as proper, sufficient and legally significant evidence of the fact of concluding the Contract in electronic form;
• receipt of an automatic letter to confirm the email address;
• following the confirmation link.

2.2.2. Moment of conclusion of the contract: The Contract is recognized as concluded, and the Company's offer — as accepted from the moment the User successfully follows the link to confirm the email address sent by the Company. This action is recognized by the Parties as electronic confirmation of receipt of acceptance/order. Until the completion of the confirmation procedure, the Company has the right to restrict or completely block access to the functional capabilities of the Platform.

2.3. Use of the account and digital assets:

2.3.1. Status of digital asset: The User's account, the assigned email address, settings, event logs and contacts are recognized as the User's digital asset. The Company acts as the custodian of this digital asset.

2.3.2. Access of third parties and heirs: access of third parties (including heirs, representatives and other authorized persons) to the contents of the User's mailbox and account is completely excluded, except in cases where:

• the User has expressly ordered the granting of such access through a special technical tool in the Platform interface;
• the User has expressly permitted such access in his will or notarial mandate;
• access of an authorized person (for example, a guardian) is appointed by a decision of a judicial instance of the Republic of Moldova.

In the absence of the indicated grounds, the Company is obliged to refuse any third parties access to the User's digital asset in order to protect the secrecy of correspondence.

2.3.3. Security and compromise: The User bears sole responsibility for the confidentiality of the password. In case of suspicion of unauthorized access, the User is obliged to immediately change the password in the control panel and, no later than 24 hours, notify the Company in writing at support@postax.md.

3. Tariff plans, payment procedure and blocking in case of delay

3.1. Tariff plans. The amount of disk space, limits of daily sending of letters, the number of connectable domains and available mailboxes, as well as the storage terms of system logs are determined by the Tariff plan selected by the User. The current list of tariff plans and their technical parameters are published in electronic form at: postax.md/#pricing.

3.2. Currency of tariffs and payment procedure. All base tariffs for the Services are nominated in euro (EUR). Payment for the Services by Users located or registered in the territory of the Republic of Moldova is made exclusively in the national currency — Moldovan lei (MDL). Conversion of EUR to MDL is carried out automatically at the official exchange rate of the National Bank of Moldova (NBM), established on the date of payment, or at the internal rate of the authorized payment processor.

3.3. Payment methods and fiscal documents. Payment is made by bank card or electronic wallet through the integrated payment gateway of processing companies or by bank transfer for B2B clients. When paying by card, the User is redirected to the secure web page of the operator. The Company does not store and does not gain access to bank card data. For B2B clients — residents of the RM, the Company forms and sends an electronic tax invoice.

3.5. In case of payment delay, the Platform automatically completely suspends service and blocks access to all mailboxes via IMAP/SMTP protocols at the mail server level (mail clients will return an authorization error). At the same time, letter files are stored on the server for 30 days for natural persons and 30 days for Business Clients. After the specified period, the data will be deleted.

3.6. Revocation of the Contract and refund. The Consumer (B2C) has the right to revoke this Contract within 14 (fourteen) calendar days from the moment of its conclusion (confirmation of the email address and activation of the account) without explaining the reasons, provided that he has not given consent to the immediate launch of services and loss of the right to revocation in accordance with the law and Sections 3 and 4 of the Refund Policy (postax.md/api/documents/page/refund/en). If the Consumer has expressed preliminary consent to the immediate start of services and confirmed the loss of the right to revocation at the beginning of the actual use of the Service, the 14-day right to revocation terminates from the moment of the beginning of the actual provision of services (creation of the first mailbox, domain binding or sending/receiving letters). Upon proper revocation of the Contract, the Company returns the received payments within 14 days from the moment of receipt of the notification at support@postax.md, minus the commissions of banks or payment processors.

3.7. Cancellation of Free Trial. The Platform does not provide a free trial period (Free Trial). All services are provided exclusively on a paid basis in accordance with the selected Tariff Plan.

4. Acceptable use rules and technical limits

4.1. Restrictions and prohibited activities. The User undertakes to use the Services of the Platform exclusively for lawful purposes. It is categorically prohibited to use the postaX mail infrastructure for committing the following actions:

• Sending spam and phishing: sending unsolicited commercial messages (spam) of Law of the RM No. 284/2004 and Directive 2002/58/EC. Mailings are allowed exclusively in the presence of preliminary, explicitly expressed consent of the recipients;
• Distribution of malware: sending, storing computer viruses, Trojans, spyware, etc.;
• Violation of third-party rights: violation of copyright and other intellectual property rights of third parties;
• Violation of public security and criminal legislation: commission of actions recognized as illegal by the criminal legislation of the RM, including sexual violence against children, propaganda of terrorism, extremism or incitement to hatred;
• Abuse of the Platform's resources: DDoS attacks, unauthorized mining of cryptocurrency on servers, bypassing security systems;
• Threat to the reputation of IP addresses: actions that lead to the inclusion of postaX IP addresses in international blacklists.

4.2. Complaint mechanism and response to violations. The Company ensures the functioning of a channel for receiving and considering complaints of third parties about violations of acceptable use rules. Any person has the right to send a complaint to the address: abuse@postax.md. The procedure of response, suspension and the right to export the User's data are regulated by Section 8 of these Terms.

4.3. Technical limits and quotas. To protect the SMTP reputation of servers, for each tariff plan a limit is set on the number of outgoing letters per day. When the limit is reached, the sending of subsequent letters is temporarily blocked. The disk quota is limited by the tariff; when filled to 100%, new incoming letters are rejected.

5. Responsibility of the parties and limitation of warranties

5.1. Responsibility of the Company and limitation of warranties:

5.1.1. The postaX Platform is provided on an "as is" basis. The Company makes commercially reasonable efforts to ensure the availability of the Platform in 24/7 mode, except for periods of planned technical works, of which the User is notified in advance.

5.1.2. The Company is not responsible for interruptions in the provision of services caused by failures in the Internet network, actions of third parties, DDoS attacks or force majeure circumstances.

5.1.3. System security and backup: The Company carries out regular system backup of databases exclusively for the purpose of restoring the operability of the infrastructure in case of accidents. System backups are the confidential property of the Company and are not intended for restoring individual letters deleted by the User himself. Systematic local archiving of letters is the User's responsibility.

5.1.4. Limits of aggregate liability (B2B and B2C modes):

• For Business Clients (B2B): The aggregate liability of the Company for any claims is limited to the amount actually paid by this Business Client for the last 3 (three) months. The limitation does not apply to cases of causing damage intentionally or through gross negligence on the part of the Company.
• For Consumers (B2C): The Company bears responsibility to Consumers in the amount provided by the mandatory norms of the legislation of the Republic of Moldova.

6. Intellectual property and digital assets

6.1. Rights to the Platform. All intellectual property rights to the postaX Platform software, object and source code, databases, interfaces, trademarks, logos, design belong exclusively to the Company. The User is granted a limited, revocable, non-exclusive and non-transferable license to use the Platform during the term of the Contract.

6.2. Prohibition of reverse engineering. The User is strictly prohibited from decompiling, reverse engineering, copying the Platform code or bypassing technical restrictions.

7. Confidentiality, personal data protection and secrecy of communications

7.1. Processing of data of individual Users (B2C). When providing services to Consumers (natural persons), the Company acts as an independent Operator (controller) of personal data. Processing is carried out in accordance with Law of the Republic of Moldova No. 195/2024 "On Personal Data Protection" and the Privacy Policy of the Platform (postax.md/api/documents/page/privacy/en), which is an integral part of these Terms.

7.2. Status of the Parties in B2B relations (Operator and Authorized Person). With regard to Business Clients (B2B) providing access to mailboxes to their employees or counterparties, the Business Client acts as the Operator (controller) of personal data of its end users, and the Company — as the Person authorized by the operator (processor). The Company carries out data processing strictly on the basis of documented instructions of the Business Client.

7.3. Personal Data Processing Agreement (DPA). For B2B clients, an integral part of these Terms is the Personal Data Processing Agreement published at postax.md/api/documents/page/dpa/en. This Agreement regulates in detail the security measures, involvement of subprocessors, notification of incidents and obligations to destroy data after termination of the Contract.

7.4. Responsibility for the accuracy of the purpose of use. The User independently bears full responsibility for the accuracy of the actual purpose of use of the Service, including when creating mailboxes for third parties. The Company does not monitor the content of correspondence and does not have the technical ability to verify the purpose of use of the Service. If the User registered as a natural person actually uses the Service for commercial purposes or creates mailboxes for third parties within the framework of entrepreneurial activity without concluding the Personal Data Processing Agreement (DPA), all responsibility before the supervisory authority (CNPDCP) and third parties is assigned exclusively to such User. The Company acted in good faith on the basis of the status declared by the User upon registration.

7.5. Guarantees of compliance with the secrecy of communications. The Company guarantees compliance with confidentiality with regard to the content of electronic messages of Users. The Company's personnel do not have regular technical access to the contents of mailboxes. Access to the metadata of the transit of letters is limited to the purposes of delivery, combating spam and investigating incidents, and may be provided to third parties exclusively on the basis of a lawful and effective judicial decision of the bodies of the Republic of Moldova.

8. Suspension and termination of the Contract

8.1. At the initiative of the Company, the Company has the right to suspend or terminate access to the Platform in case of violation by the User of these Terms, applicable legislation or legitimate rights of third parties according to the following rules:

a) In case of gross violations: in case of detection of facts of sending phishing, malware, carrying out DDoS attacks, unauthorized access to other people's IT systems or distribution of content violating criminal legislation (including pornographic materials involving minors, incitement to hatred, terrorism), the Company has the right to immediately and without prior notification completely block access to the User's account (tenant account). Notification of the blocking and its reasons is sent to the User by email within 24 hours from the moment of application of the measure.

b) In case of other violations and complaints of third parties: in case of receiving a motivated complaint from an interested person about violation of copyright or sending commercial spam, the Company immediately sends the User a demand to cease the violation or provide a motivated refusal. The User is granted 5 (five) calendar days to eliminate the violation or send a motivated disagreement with the complaint. In case of ignoring the warning or non-fulfillment of the requirements within the established period, the Company transfers the account to READ-ONLY mode or temporarily suspends service.

c) In case of payment delay: blocking and termination of service are carried out strictly in accordance with the terms and regulations established in clause 3.5 of these Terms.

8.2. At the initiative of the User (Closing of the account and export of digital assets):

8.2.1. Right to terminate the contract: The User has the right at any time to unilaterally terminate this Contract and close his account by initiating a 30-day account deletion procedure in the personal cabinet, or by sending a corresponding written request from his verified email address to the support service at: support@postax.md. The Contract is recognized as terminated at the moment of confirmation of account closure by the Company's technical support.

8.2.2. Right to data portability: Until the final closure of the account, the User can independently configure any standard mail client via the IMAP protocol and download his letters while his subscription is active. If the account is already blocked, the download is performed manually by the postaX technical support on the basis of an official request of the client at support@postax.md within 10 working days in the standard MBOX/EML format. This technical tool is provided upon request at support@postax.md.

8.2.3. Period of data extraction and deletion: From the moment of initiation of the 30-day account deletion procedure, the Company establishes a 30-day grace period for data storage. This period is intended exclusively for independent export of the mail archive by the User, while the account is transferred to limited READ-ONLY mode. After the expiry of this period, all personal data of the User and the contents of his mailboxes (digital assets) are irrevocably deleted from all active servers and backup copies of the Company, except for registration and payment data, the storage of which for a longer period is expressly prescribed by the tax and accounting legislation of the Republic of Moldova.

9. Applicable law and dispute resolution

9.1. Applicable law. These Terms, the procedure for their acceptance, execution and termination are regulated, interpreted and executed exclusively in accordance with the substantive and procedural law of the Republic of Moldova. The relations of the Parties are governed, in particular, by the Civil Code of the Republic of Moldova, Law No. 195/2024 "On Personal Data Protection", Law No. 284-XV/2004 "On Electronic Commerce", Law No. 105/2003 "On Consumer Protection".

9.2. Mandatory pre-trial procedure. Any disputes, disagreements or claims arising from this Contract or in connection with it are subject to mandatory pre-trial claim settlement. The Party considering its rights violated sends to the other Party a motivated written claim in textual form by email (to support@postax.md or to the User's email). The term for considering the claim and sending an official response is 30 (thirty) calendar days from the moment of its receipt.

9.3. Dual rules for determining jurisdiction: In case of impossibility of settling the dispute in the pre-trial claim procedure within 30 calendar days, the dispute is transferred for consideration to the competent judicial instance of the Republic of Moldova.

9.4. Rights to administrative appeal. The mandatory pre-trial procedure for considering disputes provided for in clause 9.2 does not limit the legal right of the User at any time to send a complaint or appeal to the National Center for Personal Data Protection of the Republic of Moldova (CNPDCP) regarding the processing of personal data, or to the State Inspectorate for Supervision of Non-Food Products and Consumer Protection regarding the quality of services provided.

10. Changes to these Terms

10.1. The Company reserves the right to unilaterally make changes and additions to these Terms in order to reflect technical changes of the Platform, changes in commercial tariffs or updating the requirements of the legislation of the Republic of Moldova.

10.2. About substantial changes to these Terms that may affect the rights or increase the obligations of Users, the Company undertakes to notify the User by sending an information letter to the email address associated with the User's account, no less than 14 (fourteen) calendar days before the date of entry into force of such changes. If within the specified period the User has not sent a written disagreement with the changes to support@postax.md and continued to use the Platform, the new conditions are recognized as fully accepted by the User.

11. Details of the Company and supervisory authorities