Terms of Service — Draft

⚠️ Draft — not yet in effect. This document is published for public review and feedback only. It has not been finalized by counsel and does not bind TundraFox or its users at this time. Once the text is approved by counsel we will publish a dated, effective version. Comments and corrections are welcome at [email protected].

Operator: TundraFox. Jurisdiction: Canada. These terms are governed by the laws of the province in which TundraFox is incorporated (to be specified by counsel) and the federal laws of Canada applicable therein.

1. Acceptance

By creating an account, ordering a service, or otherwise using the Service (as defined below), you ("you" or "Customer") agree to these Terms of Service ("Terms"). If you do not agree, do not use the Service.

If you are accepting on behalf of an organization, you represent that you have authority to bind that organization, and "you" includes that organization.

2. The Service

"Service" means the products operated by TundraFox at tundrafox.ca, including without limitation:

  • Hosted email, contacts, and calendars ("Email + Domain") on TundraFox infrastructure, backed by the Stalwart mail server.
  • Transactional email relay ("Relay") for application-generated mail.
  • Managed databases ("Hosted Databases", Postgres v1; other engines marked Coming Soon) when available.
  • The management dashboard at app.tundrafox.ca.

We may add, modify, or retire individual products with at least 60 days' notice before any retirement that affects active subscribers. Beta or preview features are identified as such and may change without notice.

3. Account & eligibility

You must:

  • Be of the age of majority in your province of residence.
  • Provide accurate, current information at registration.
  • Maintain the confidentiality of your credentials and use multi-factor authentication when available.
  • Promptly notify us of any unauthorized access.

We may decline or terminate accounts that violate these Terms, applicable law, or our acceptable-use rules.

4. Acceptable use

You will not use the Service to:

  • Send unsolicited bulk email (spam), or to evade anti-spam filters.
  • Distribute malware, phishing content, or any material that exploits recipients.
  • Harass, threaten, defame, or impersonate any person.
  • Violate intellectual-property rights of others.
  • Attempt to gain unauthorized access to TundraFox systems or any other party's systems.
  • Use the Service in any manner that is unlawful under Canadian federal or provincial law, or the law of the recipient's jurisdiction.

We may suspend or terminate accounts that violate this Section without refund, and we will cooperate with lawful investigations by competent authorities.

5. Fees and billing

  • Pricing is published at tundrafox.ca. We do not operate a free tier; the minimum recurring charge is $1.99 CAD per month per service instance.
  • Charges recur on the cadence of the plan you select (monthly or yearly). The first charge occurs on activation of the service instance; subsequent charges occur on each anniversary of that activation.
  • Payments are processed by Helcim Inc. (Canadian payment processor); we do not see or store full card numbers.
  • Failed payments will be retried per the dunning schedule published in your dashboard. Persistent payment failure may result in suspension and, after a grace period, termination of the service instance.
  • All fees are stated in Canadian dollars and exclusive of applicable taxes (GST/HST/QST as applicable to your province of residence).

6. Cancellation and refunds

  • You may cancel any subscription at any time from the dashboard. Cancellation takes effect at the end of the current billing period.
  • We do not pro-rate refunds for unused time within a billing period.
  • For accidental orders within 7 days of first activation, contact [email protected] for a full refund.
  • Account-wide deletion follows the flow described in our Privacy Policy (Section 6).

7. Data and your content

  • You retain all right, title, and interest in the data you transmit through or store on the Service ("Customer Data").
  • You grant TundraFox a limited licence to process Customer Data solely for the purpose of providing the Service and complying with law.
  • We will not access Customer Data except as necessary to deliver the Service, troubleshoot at your request, or comply with law.
  • Our Privacy Policy describes how we handle personal information.

8. Service-level commitments

  • We target 99.9% monthly availability for Email + Domain in steady state.
  • Scheduled maintenance with at least 48 hours' notice is excluded from the availability calculation.
  • We do not offer SLA credits at the published tiers; SLA credits are available on enterprise contracts only.

9. Disclaimers

  • The Service is provided "as is" and "as available." TundraFox disclaims all warranties not expressly stated herein, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by applicable law.
  • Mail delivery depends on the cooperation of third-party receivers; we cannot guarantee that any specific message will be delivered to any specific recipient or any specific folder.

10. Limitation of liability

To the maximum extent permitted by applicable law:

  • TundraFox's aggregate liability to you for any claim arising out of or relating to the Service is limited to the fees you paid for the Service in the 12 months preceding the claim.
  • TundraFox is not liable for indirect, incidental, special, consequential, or exemplary damages, or for loss of profits, revenue, data, or goodwill, even if advised of the possibility of such damages.

Nothing in this Section limits liability that cannot be limited under applicable Canadian law (including liability for gross negligence, wilful misconduct, fraud, or breach of statutory consumer rights).

11. Indemnification

You will indemnify and hold TundraFox harmless from third-party claims arising out of your Customer Data, your use of the Service in violation of Section 4 (Acceptable Use), or your violation of applicable law.

12. Suspension and termination

We may suspend or terminate your access to the Service if:

  • You materially breach these Terms and do not cure the breach within 14 days after written notice.
  • You fail to pay overdue fees after our reasonable collection efforts.
  • We are required to do so by law or by order of a competent authority.

Upon termination, your account enters the 30-day grace period described in the Privacy Policy unless termination is for cause under Section 4 (Acceptable Use), in which case hard-deletion may be immediate.

13. Modifications to these Terms

We may modify these Terms by publishing a new version_label and notifying account holders at least 30 days before it takes effect. Your continued use of the Service after the new effective date constitutes acceptance. The dashboard will prompt you to re-accept materially-changed versions before further use.

14. Governing law and disputes

These Terms are governed by the laws of the Canadian province specified in the operator's footer at tundrafox.ca, and the federal laws of Canada applicable therein. The parties submit to the exclusive jurisdiction of the courts of that province for any dispute arising out of these Terms, subject to your statutory consumer rights.

15. Contact