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Last Modified: April 10, 2019
Welcome and thank you for your interest in Oghma, operated by StormingForce s.r.o and its subsidiaries (collectively referred to as “the Company”, “We”, “Us”, or “Our”). The Company is the owner and operator of the Service offered through the websites located at www.oghmail.com and www.oghma.stormingforce.com (collectively referred to as the “Website”, “Oghma” or the “Service”). By registering an account on the Website or by otherwise using the Services provided by the Company, you agree to be bound by the following Terms and Conditions.
These Terms and Conditions along with our Privacy Policy are collectively referred to as the “Agreement” or the “Terms”. This Agreement is a legally binding contract between you (“You”, “Your” or “User”) and the Company regarding your use of the Website and Services (as defined under Article 5 below).
PLEASE CAREFULLY READ THE TERMS BEFORE PROCEEDING TO USE THE SERVICE AND IF YOU DO NOT AGREE WITH ANY PROVISION OF THIS AGREEMENT, PLEASE DO NOT USE THE SERVICE.
The Company reserves the right in its sole discretion offer Services that may require you to agree to additional terms and conditions than those stated hereunder. By proceeding to use such Services, you expressly agree to abide by such additional terms.
Our Services are not designed for Users who are under the age of eighteen (18) years or considered a minor in the country of their current residence. If you are under eighteen (18) years of age or considered a minor in your local jurisdiction, you may not use our Service. Where you enter into this Agreement on behalf of an entity or another party, you represent and warrant to the Company that you are of the age to grant digital consent in your current country of residence, and you have the authority to act on behalf of that entity and to bind the former to this Agreement.
You also agree that you will use the Service only as permitted by applicable law and regulations.
Unless expressly stated otherwise, any reference to the following words in this Agreement will hold the meaning as defined hereunder:
“Sender” - refers to User who uses the Service to send protected email to a Recipient.
“Recipient” - refers to a person or entity who is listed as the recipient of the email by the Sender and who can view such protected email by signing up for an account on Oghma.
“User” - refers to all registered Users of the Service. Any reference to User in this Agreement includes Sender and Recipient as well as any other User who signs up for the Service.
“Service” - refers to the sensitive email protection service offered by the Company as described in Article 5 below as well as the Website owned and operated by the Company.
The Company provides a sensitive email protection service that enables Users to send and receive protected emails.
Users are required to subscribe at www.oghmail.com and connect their email account to start using the Service. A logged-in User can easily send emails through the Service, and the recipient receives a generic email notifying them of receipt of a protected email. All email content is stored in the Company’s encrypted cloud database, and the recipient can view the email content by logging into Oghma.
Users can delete any emails in their Oghma account at any time; however, once an email is deleted, it cannot be retrieved again under any circumstances. The Company will not be held liable for any loss or damage incurred by User as a result of any accidental or intentional deletion of emails from their Oghma account. Please note that each subscription plan offered by the Company carries its own default email retention period which is visible on the plan description as available on our Website. It is solely the User’s responsibility to ensure that any information that the User wishes to access at a later stage is saved prior to the expiration of the default retention period.
USER UNDERSTANDS AND ACCEPTS THAT EMAILS THAT ARE DELETED, OR THAT EXPIRE AFTER THE SPECIFIED RETENTION PERIOD CANNOT BE RETRIEVED BY THE COMPANY. THE USER WILL BE SOLELY RESPONSIBLE FOR ENSURING THAT ALL IMPORTANT INFORMATION IS SAFELY STORED PRIOR TO ANY DELETION OR EXPIRATION OF SUCH EMAIL ON THE USER’S OGHMA ACCOUNT.
The Company does not assume any responsibility for information/content contained in any email sent or received by User using the Service (the content/information contained in the email is hereinafter referred to as “User Content”). All User Content is solely the responsibility of the Sender from whom such User Content originated, and the Company disclaims all liability arising from such User Content.
All User Content is stored by the Company in an encrypted cloud server, and neither the Company nor its employees or subcontractors can access any User Content.
User Content is delivered to the email address provided by the Sender. It is solely the Sender’s responsibility to ensure that the correct email address is entered before sending the email through Oghma.
The Company currently uses Microsoft Azure for data storage. By agreeing to these Terms, you also agree to comply with Microsoft Azure’s Terms of Service which are included in this Agreement by reference. Please carefully review Microsoft Azure’s Terms of Service Microsoft Azure Legal Information before using our Service. If you do not agree with any provision of Microsoft Azure Terms of Service and Privacy Policy, please do not use our Service.
Please note the use of our Service requires access to the internet. The Company will not be held liable for any data connectivity charges incurred by User during the course of this Agreement, and all such charges are solely for the User’s own account.
UNLESS EXPRESSLY STATED OTHERWISE ONLY EMAILS SENT AND RECEIVED THROUGH THE SERVICE ARE PROTECTED BY THE COMPANY. WE NEITHER REPRESENT NOR WARRANTY THE SECURITY OF ANY INFORMATION/CONTENT SHARED, STORED OR OTHERWISE TRANSMITTED USING ANY SERVICE THAT IS NOT OWNED AND OPERATED BY THE COMPANY. THE COMPANY WILL NOT ASSUME ANY LIABILITY FOR ANY LOSS OR DAMAGE SUFFERED BY USER ARISING FROM ANY INTERRUPTION IN SERVICE, DELAY IN TRANSMISSION OR ANY COMMUNICATION FAILURE. NOTHING IN THIS PROVISION SHALL RELEASE THE USER OF THEIR OBLIGATIONS TO COMPLY WITH THIS AGREEMENT.
You can browse through the Oghma marketing website without signing up, however, to make use of the Service, you must subscribe at www.oghmail.com. We believe in data minimisation and make our best effort to request only personal information that is essential for us to deliver our Service to you. You are required to provide us with your correct email address at the time of your account registration.
Your Oghma account is access controlled, and as with any access controlled software, the system relies upon the User to protect their login credentials. You accept that you are solely responsible for any activity that occurs on your account and you agree that you will maintain the confidentiality of your login credentials. You are strictly prohibited from sharing your Oghma account login details with another person or from allowing another person to use your account. You should always log out of your Oghma account when you are not using it. In the event of any security breach or suspicious activity, you must immediately notify us at oghma@stormingforce.com. You hereby release the Company and its officers from any liability, claim or action arising out of or associated with any loss of data, unauthorised access to your account or other similar security breaches. You understand that your decision to use the Service is entirely at your own risk.
You accept and acknowledge that any paid functionality will be governed by Payment, Cancellation and Refund provisions as outlined in this Agreement.
We reserve the right to immediately suspend or terminate your user account if we discover that you are using the Service for any illegal activity or if you are in breach of this Agreement.
The Company currently offers multiple monthly and annual subscription plans to suit Users unique needs (“Subscription Plans” or “Plans”). All our Plans and subscription fees are listed on our Website at www.oghma.stormingforce.com. When you select your plan and subscribe to the Service, you will be charged according to your selected plan when you first register and each month/year thereafter on an automatically recurring basis until you choose to cancel your subscription.
Please note that the subscription fee is fully earned on the payment day and we do not offer any pro-rata refunds should you choose to cancel your subscription before the end of your billing cycle.
In the event we are unable to process your payment to renew your plan for the new billing cycle, we will attempt to contact you. If you fail to make the payment within seven days from the time we contact you, we reserve the right to suspend or terminate your account until such time that we receive the full outstanding subscription fee. You hereby grant the Company the right to continue its attempt to bill your selected payment method for up to 30 days for failed payments.
You may cancel your subscription anytime without incurring any penalties. Should you wish to cancel your subscription, you must notify us by sending an email at oghma@stormingforce.com. You are advised to cancel your subscription before the end of your current billing cycle to avoid being billed for the next cycle. It is solely your responsibility to ensure that you back up any and all emails that you wish to access at a later stage before cancelling your subscription.
Please take note that all your data stored on Oghma account will be automatically purged upon cancellation of your subscription, and it is solely your responsibility to ensure that you back up any and all data that you wish to access at a later stage.
We reserve the right to cancel or suspend your access to the Oghma Services if we find that:
● You have violated any provisions of this Agreement;
● Your conduct is harmful to the Company, its Users or any other third-party; or
● If we cease our business operations for any reason.
Unless required to do so by applicable law, we do not offer any refunds.
The subscription fee is fully earned on the payment day, and you cannot claim any pro-rata refunds should you choose to cancel your subscription before the end of your billing cycle. However, should we decide to offer you a full or partial refund, we will process such refund via the original payment mechanism, and the refund will be made to the account from where the original payment was received.
The Company reserves the right to modify any plans, subscription fees, payment, cancellation and refund policy at any time by amending these Terms. In the event of any change in subscription fees which requires you to pay higher fees, than you paid in the last billing cycle, we will give you at least thirty (30) days notice before billing you the increased amount. Such notice will be deemed to have been given on the date we send the notification email to you. If you do not agree with such change in subscription fees, your sole remedy is to cease using the Services by cancelling your subscription.
The User understands and agrees that:
● The User shall be solely responsible for his/her actions when using the Service;
● The Company is not responsible for any User Content and any sensitive information contained therein;
● The User is responsible for keeping his/her Oghma account login credentials confidential;
● The User will only use the Service as permitted by applicable law. More specifically, the User agrees to comply with applicable local privacy laws and regulations when transmitting any personal information of another natural person through the Service and to ensure the safety of protected information once it is stored outside Oghma;
● The User shall pay all amounts due and payable by the User to the Company by the payment method selected by the Company;
● The User will maintain complete backup records of any information contained in the emails sent and received by the User to prevent any loss of data in case of system failure or termination of User’s access to the Service or any other unforeseeable event;
● As an Oghma account holder, User consents to receive marketing communications, system and policy related updates and notices at the email address provided by the User during account set-up. This provision is binding for the entire duration that User’s account is active.
The User shall not engage in any prohibited activities outlined below.
The User shall not:
● Use the Service to send unsolicited emails or spam;
● Use the Service to send deceptive information with for malicious purposes such as “spoofing” or “phishing”;
● Access another person’s Oghma user account;
● Allow others to use one’s Oghma user account;
● Modify, adapt, translate, or reverse engineer any portion of the Service;
● Scan, test or probe the vulnerability of the Service;
● Breach or circumvent any security measures used by the Company to protect the Service;
● Breach any confidentiality obligations towards others through the use of the Service;
● Take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
● Harass or threaten any Company employees, agents or affiliates or any other User;
● Violate the intellectual property rights, privacy rights or any other rights of another person;
● Use any alternative means to access the Services other than the means provided by the Company;
● Submit any content or material on any third-party sites, that falsely express or imply that such content or material is sponsored or endorsed by the Company;
● Use the Service for any illegal activity including but not limited to:
○ Transmitting any illegal content;
○ Transmitting any viruses, Trojan horses or other code of similar harmful and destructive nature;
○ Transmit content that is deemed harassing, libellous, defamatory, contains any terrorist activity, terror propaganda or other content that may be deemed harmful to others by law;
Excluding the User Content, all materials and services made available by Oghma including without limitation, the text, graphics, audio, video and software used to create and deliver the Service are owned by the Company (“Company Content”) and/or licensed to the Company by our licensors (“Licensed Content”). All Company Content and Licensed Content is subject to trademark, copyright and other applicable intellectual property laws and conventions. You understand that the Company and its Third-Party Licensors reserve ownership and copyright in their respective intellectual property.
The Company only grants you the right to use the Service subject to your acceptance of this Agreement. You understand and agree that you are not acquiring any ownership rights or title in or to the Service or the underlying technology that the Company owns and uses to deliver you the Service. Any unauthorised use of the Company Content or Service may result in suspension or termination of your User Account.
Oghma and Oghmail are Company’s registered trademarks. Any use of our proprietary trademark for any product or service that is not owned or operated by us is strictly prohibited.
The Company uses cloud storage as well as other services, applications and tools that are not owned and operated by the Company (“Third Party Applications”). The Company only makes use of these Third Party Applications to deliver our Service to you, and our use of any Third-Party Application does not constitute an endorsement or assumption of liability for such Third Party Applications conduct. You hereby release the Company from all claims, actions and liability arising from any action or omission of such Third Party Application. This provision is void where prohibited by law or if in breach of any Service Agreement between the Company and the Third Party Application.
We reserve the right in our sole discretion to introduce new features and functionality, modify existing features and amend any provision of this Agreement. Any changes in features and functionality of the Service will become effective from the date of implementation. Where we make any amendments to this Agreement, we will notify you by updating the last updated date on the top of this page. Where any amendment to this Agreement impacts your rights and obligations, we will notify you of such changes to the Terms through an email before the effective date of the amended Agreement. Please take some time to review these terms regularly to familiarise yourself of any material changes. You hereby release the Company of all liability arising from your failure to review such modified Terms.
The Company reserves the right in its sole discretion to deactivate or/and suspend your access to the Service with or without giving any prior notice to you to carry out: system maintenance or/and upgrading or/and testing or/and repairs or/and other related work. Without prejudice to any other provisions of this Agreement, the Company shall not be liable to indemnify User for any loss or/and damage or/and costs or/and expense that User may suffer or incur, as a result of such deactivation or/and suspension.
Unless expressly agreed otherwise, all technical support requests must be sent to oghma@stormingforce.com. Please note that in order for our technical support team to assist you with technical issues, we would require your cooperation including providing a detailed description of the issue which may require you to provide us with screenshots or screencasts demonstrating the technical issue that you are facing. It is solely your responsibility to redact any sensitive or personal information from any screenshots/screencasts before sharing them with our technical support team.
Please note that our technical support service is a privilege that is only available to Users who comply with this Agreement.
We are unable to assist Users who breach any provision of this Agreement or Users who refuse to cooperate with our technical support team to resolve the issue. The Company will not be held liable for any loss or damage suffered by User as a result of User’s breach of this Agreement or failure to cooperate with our technical support team.
TO THE FULLEST EXTENT PERMITTED BY LAW, USER AGREES THAT THE USE OF THE SERVICE IS AT USER’S SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE BASIS”. UNLESS EXPRESSLY STATED IN THIS AGREEMENT, THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATING TO USER’S ACCOUNT OR USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY AND NON-INFRINGEMENT.
THE COMPANY DOES NOT OFFER ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, TIMELY OR SECURE OR THAT ANY DEFECTS WILL BE CORRECTED. THE COMPANY CANNOT OFFER ANY WARRANTY THAT YOU ACHIEVE SPECIFIC RESULTS FROM THE USE OF THE SERVICE.
USER UNDERSTANDS AND AGREES THAT THE COMPANY WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE INCURRED BY THE USER OR ANY OTHER PARTY AS A RESULT OF ANY UNAUTHORISED ACCESS TO USER’S OGHMA ACCOUNT. THE COMPANY DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS OF DATA, LOST INFORMATION, DATA BREACH OR OTHER PRIVACY IMPLICATIONS ARISING AS A RESULT OF USER’S INTENTIONAL OR NEGLIGENT ACTION OR OMISSION DURING THE USE OF THE SERVICE.
USER UNDERSTANDS AND AGREES THAT THE COMPANY WILL NOT BE RESPONSIBLE FOR ANY USER CONTENT WHICH REFERS TO ALL CONTENT THAT ORIGINATED FROM THE USER AND THAT IS NOT PROVIDED BY THE COMPANY. THE COMPANY DISCLAIMS ALL LIABILITY FOR ANY DAMAGE TO USER’S COMPUTER EQUIPMENT RESULTING FROM ANY MALICIOUS CONTENT SENT BY ANOTHER PERSON THROUGH THE USE OF THE SERVICE. USER’S DECISION TO USE THE SERVICE IS AT USER’S SOLE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE HELD LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES OR FOR ANY LOSS OF PROFITS OR LOSS OF REVENUE ARISING FROM OF OR ASSOCIATED WITH THE USE OF THE SERVICES OR THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO:
● USER’S USE OR INABILITY TO USE THE SERVICE,
● ANY INTERRUPTION, ERROR, OMISSION OR OTHER SIMILAR ISSUE WITH THE SERVICE,
● ANY UNAUTHORISED ACCESS TO USER’S ACCOUNT,
● ANY ALTERATION TO USER’S USER CONTENT BY A THIRD PARTY DUE TO UNAUTHORISED ACCESS TO USER ACCOUNT,
● ANY LOSS OF FORMATTING DURING TRANSMISSION OF USER CONTENT,
● ANY OTHER CLAIM ARISING FROM THIS AGREEMENT OR THE USE OF THE SERVICE EVEN IF THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL COMPANY’S TOTAL LIABILITY EXCEED THE AMOUNT PAID BY USER TO THE COMPANY SIX MONTHS PRECEDING THE DATE WHEN THE CLAIM FIRST AROSE OR ONE HUNDRED EUROS.
You agree to release, defend, indemnify, and hold harmless the Company, its founders, affiliates and employees against any claims, liabilities, charges, damages, losses, and expenses, including, without limitation, reasonable legal fees, asserted by a third party against you, arising out of or in any way connected with:
This Agreement is governed by and construed in accordance with the laws of the Czech Republic. The Company and User both submit to the exclusive jurisdiction of the court in Prague.
If you have any questions about this Agreement, please send us a message at Contact Us alternatively you can write to us at the address provided below:
StormingForce s.r.o.
Červená Voda 27,
561 61 Červená Voda,
Czech Republic.
Unless expressly stated otherwise, any notice, request, demand or communication to be given by User to the Company shall be made in writing to the Company representative at oghma@stormingforce.com.
Any notice to be given by the Company to User shall be made in writing and sent to the email address provided by User at the time of account registration.
If for any reason, any provision of this Agreement or any part of any provision is deemed to be unlawful, void, or for any reason unenforceable, then such provision will be limited or eliminated from this Agreement only to the extent necessary and will not affect the validity and enforceability of any remaining provisions.
Neither the Company nor User shall bring any action against the other as a class member in any class action. Any claim brought by the Company or User must be brought in their own individual capacity. USER HEREBY ACKNOWLEDGES THAT USER HAS READ AND UNDERSTOOD THIS PROVISION, AND AGREE TO BE BOUND BY IT.
Under no circumstances, failure on the part of the Company to exercise any right or remedy under this Agreement will constitute a waiver of such right or remedy.
The Company may assign any of its responsibilities and/or obligations to any other Person, at its sole discretion, without giving any notice to User. However, User shall not assign or transfer any rights or obligations under this Agreement to any other party, without the express written consent of the Company.
Neither the Company nor User will be held liable for failure to perform any of their obligations towards the other if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disasters), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service. Whilst the performance has been suspended for more than 14 days, either the Company or the User may terminate this agreement by immediate written notice.