Terms of Service

(1) These Terms of Service (hereinafter "Terms") apply to all contracts between

(hereinafter "Provider") and the user (hereinafter "Customer") regarding the use of the software "mailriva" and associated services, unless expressly agreed otherwise.

(2) Deviating terms and conditions of the Customer shall not apply unless the Provider expressly agrees to their applicability in writing.

(3) The binding language of these Terms is German. This English version is provided for convenience only. The German version is available at mailriva.com/agb. In case of discrepancies, the German version shall prevail.

(1) The Provider makes the desktop application "mailriva" available to the Customer. The software is designed for the migration, backup, and archiving of emails via the IMAP protocol.

(2) mailriva is a locally executed software application (desktop app). It is expressly not an online service. All email data processing takes place locally on the Customer's computer.

(3) The software copies emails from a source mailbox to a destination mailbox or into a local archive. The source mailbox is not modified, deleted, or otherwise altered in the process.

(4) A complete transfer of all emails cannot be guaranteed. The success of the migration depends on, among other things, the IMAP implementation of the respective email provider, server availability, network connectivity, and the size and structure of individual messages.

(5) The Provider does not owe a specific migration outcome but rather provides the Customer with the software as a tool.

(1) The presentation of the software and passes on the website does not constitute a binding offer but rather a non-binding invitation to submit an offer (invitatio ad offerendum).

(2) The Customer submits a binding offer by completing the checkout process through the payment service provider Stripe ("Stripe Checkout"). The contract is formed upon receipt of the order confirmation by email or upon activation of the purchased pass.

(3) The free use of the Software within the Free tier is also governed by these Terms, insofar as the respective provisions are applicable to gratuitous use by their nature.

(1) The use of mailriva is free of charge up to a data volume of 1 GB ("Free tier").

(2) For usage beyond this limit, the Provider offers paid usage passes. The passes are one-time payments; they are not subscriptions. There is no automatic renewal.

(3) Purchased passes are valid for 30 days from the date of purchase. After expiration, the entitlement to use the pass lapses; no refund is owed in this case.

(4) All prices quoted include statutory value-added tax (VAT) where applicable.

(5) Payment is processed via Stripe or another payment service provider designated by the Provider in the ordering process. The terms of the respective payment service provider may apply in addition.

(1) The subject of paid premium passes is the time-limited provision of a digital activation of additional features of the desktop application, in particular for email migration, backup, and archiving within the scope of the booked service level.

(2) The specific scope of services is determined by the respective product description in the ordering process, in particular the term, storage or volume tier, number of devices, and activated feature areas.

(3) Insofar as the Customer is a consumer, the statutory provisions on the right of withdrawal apply. No voluntary money-back guarantee is granted.

(4) The digital activation is provided to the Customer at their express request immediately after conclusion of the contract. The prerequisite for this is that the Customer, before completing the order, expressly consents that the Provider begins performance of the contract before the expiry of the withdrawal period, and simultaneously confirms that they are aware that, by giving such consent, they may lose their right of withdrawal upon complete performance of the contract or upon commencement of provision in accordance with statutory provisions.

(5) The Customer's statutory rights in the event of defects and other mandatory statutory rights remain unaffected.

(6) In the event of chargebacks, reversals, misuse, fraud, or legitimate reclaims, we are entitled to temporarily suspend the affected activation pending clarification or to deactivate it in the event of a final reversal.

(7) The Customer is responsible for correctly verifying access credentials, target systems, and local storage paths before initiating a migration, backup, or archive operation. The application processes the systems entered or selected by the Customer automatically; a specific migration outcome in an individual case is only owed insofar as this has been expressly agreed.

(8) To exercise the right of withdrawal, please contact:

(9) In the event of an effective withdrawal, benefits received by both parties shall be returned. The reimbursement will be made using the same payment method that was used for the original payment.

(1) The Customer is responsible for creating a backup of their email data before initiating a migration. The Provider is not liable for data loss caused by the Customer or third parties.

(2) The Customer shall ensure that they have the required access credentials and permissions for the email accounts concerned.

(3) The software may only be used for lawful purposes. Use for unauthorized access to third-party email accounts is prohibited.

(1) The statutory warranty rights under German law apply.

(2) The Provider warrants that the software substantially conforms to the description of services. Uninterrupted or error-free operation is not guaranteed.

(3) Defects must be reported to the Provider without undue delay after discovery. The Provider has the right to remedy the defect within a reasonable period.

(1) The Provider is liable without limitation for intent and gross negligence as well as for injury to life, body, and health.

(2) In cases of slight negligence, the Provider is only liable for breach of material contractual obligations (cardinal obligations). In this case, liability is limited to the foreseeable damage typical of the contract.

(3) Beyond the foregoing, the Provider shall not – to the extent permitted by law – be liable for indirect damages, consequential damages, lost profits, or data losses.

(4) The Provider is not liable for damages caused by a faulty IMAP implementation of the Customer's email provider, network outages, or other circumstances beyond the Provider's control.

(5) The above limitations of liability also apply in favour of the Provider's vicarious agents.

(6) Claims under the German Product Liability Act (Produkthaftungsgesetz) remain unaffected.

The Provider processes personal data of the Customer in accordance with the Privacy Policy, available at mailriva.com/en/privacy. The Privacy Policy forms part of these Terms.

(1) As the software is installed locally, there is no entitlement to a specific server uptime. However, the Provider endeavours to keep the website and license verification available to a reasonable extent.

(2) The Provider is entitled to further develop, update, or change the scope of the software at any time. There is no entitlement to specific updates or new features.

(3) The Provider reserves the right to discontinue the distribution of the Software, the provision of updates, and license-related online features, in whole or in part, upon reasonable prior notice, provided that no mandatory legal obligations prevent such discontinuation.

(1) The laws of the Federal Republic of Germany apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, the mandatory consumer protection provisions of the state of the consumer's habitual residence additionally apply.

(2) The place of jurisdiction for all disputes arising from or in connection with these Terms is — to the extent legally permissible — Berlin, Germany.

(3) Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions shall remain unaffected (severability clause). In place of the invalid provision, the valid provision that most closely approximates the economic purpose of the invalid provision shall apply.