PostFend Terms of Service and Subscription Agreement
These Terms of Service ("Terms") are a binding agreement between 2758188 Alberta Ltd., an Alberta corporation operating as PostFend ("PostFend", "we", "us"), and the person or organization that creates an account or subscribes ("Customer", "you"). If you accept on behalf of an organization, you confirm that you have authority to bind it. The Refund & Cancellation Policy, Service Level Agreement, Acceptable Use Policy, Privacy Policy, Data Processing Agreement (Business Customers) and Reputation Listing & Delisting Policy form part of these Terms.
PostFend is sold to anyone: both Business Customers and Consumers.
A Consumer is an individual who uses the Service mainly for personal, family or household purposes.
A Business Customer is a Customer that is an organization, or an individual who buys and uses the Service mainly for a business, trade or professional purpose.
At checkout you select whether you are buying for a business or organization, or for personal, family or household use. That selection decides whether the Data Processing Agreement is presented for agreement. If you are in fact a Consumer, s.20 applies, and your statutory rights are not reduced by having selected the business option in error.
1. The Service
1.1 PostFend is an email security service. It receives, scans, classifies and routes email sent to or from the domains and mailboxes you enrol ("Protected Mailboxes"). Messages it classifies as spam, phishing, malware or policy violations go to a quarantine instead of being delivered (the "Service").
1.2 Filtering is automated. Decisions are made by software rules, reputation data and statistical models, not by people reading your mail.
2. Plans
2.1 We offer the following subscription plans. The features and limits of each are those shown at https://postfend.com/pricing when you subscribe ("Plan"). Prices are in Canadian dollars (CAD) and do not include GST or other applicable sales taxes. Yearly prices are 15% off 12 times the monthly price. The former Starter plan is no longer offered.
| Plan | Domains | Mailboxes included | Extra mailboxes | Panel accounts | Monthly (CAD) | Yearly (CAD) | SLA |
|---|---|---|---|---|---|---|---|
| Lite | 1 | 3 | Up to 16 (19 total) | 1 | $46 | $469.20 | Best-effort, no credits |
| Team | 2 | 25 | Up to 14 (39 total) | 2 | $194 | $1,978.80 | Best-effort, no credits |
| Professional | 3 | 50 | Up to 28 (78 total) | 3 | $324 | $3,304.80 | Credited 99.9% SLA |
| Business | 5 | 100 | Up to 50 (150 total) | 5 | $584 | $5,956.80 | Credited 99.9% SLA |
| Enterprise | 10 | 100+, by quote | By quote | 10 | Custom quote | By quote | Credited 99.9% SLA, unless the signed agreement says otherwise |
2.2 Online signup is available for Lite, Team, Professional and Business, on monthly or yearly billing. Enterprise is sold only under a separate signed agreement, at a custom quote, with monthly or yearly billing as that agreement states.
2.3 Extra-mailbox add-on. On Lite, Team, Professional and Business you may add protected mailboxes, at CA$9.10 per extra mailbox per month, or CA$92.82 per extra mailbox per year on yearly billing, plus tax. Mailbox add-ons raise only the mailbox limit, not the domain or panel-account limits. The maximum number of extra mailboxes on each Plan is the cap in the table above.
2.4 Extra-domain add-on. On Lite, Team, Professional and Business you may add domains above the number included in your Plan, at CA$5.00 per extra domain per month, or CA$51.00 per extra domain per year on yearly billing, plus tax. Domain add-ons raise only the domain limit, not the mailbox or panel-account limits. Included domains are Lite 1, Team 2, Professional 3, Business 5. Self-serve plans can have up to 10 domains in total, including the domains the Plan includes (Lite up to 9 extra, Team up to 8, Professional up to 7, Business up to 5). For more than 10 domains, we quote Enterprise.
2.5 Mailbox, domain and panel-account limits are as stated for your Plan, including any add-ons you have purchased. If you exceed a limit, we will notify you and may ask you to upgrade, add extra mailboxes or extra domains (if available on your Plan) or remove the excess. We do not charge an unpublished overage rate.
4. Subscription Term, Auto-Renewal and Billing
4.1 Term. Online subscriptions run monthly or yearly, as you choose at checkout ("Term"). A yearly Term is 12 months. Enterprise Terms are set in the signed Enterprise agreement.
4.2 Auto-renewal. Your subscription renews automatically at the end of each Term for another Term of the same length, at the then-current price (subject to s.5), until you cancel. You may turn off auto-renewal at any time in account settings; cancellation takes effect at the end of the current Term. Auto-renewal and this cancellation timing do not limit rights you have as a Consumer under applicable law (s.20).
4.3 Yearly renewal reminder. For yearly subscriptions we will email a reminder at least 30 days before renewal, stating the renewal date, the price and how to cancel.
4.4 Billing. Fees are billed in advance at the start of each Term, in Canadian dollars (CAD) unless your Order states otherwise, to the payment method on file. You authorize us and our payment processor (Stripe) to charge it for each Term and for any applicable taxes.
4.5 Taxes. Prices are shown before taxes. We add GST at the applicable rate (currently 5% for Alberta customers) and any other sales taxes that apply to your location, such as HST, PST or QST, unless you give a valid exemption. GST/HST Reg. No.: 762882637 RT0001. Taxes for customers outside Canada are handled according to law; ask your accountant whether a zero-rating applies.
4.6 All-in pricing. Advertised prices include every mandatory fee except taxes. We do not add mandatory "service", "processing" or similar fees that are not part of the advertised price.
4.7 Invoices. An invoice or receipt is emailed for each charge and is available in your account.
5. Price Changes
5.1 We may change Plan prices by giving you at least 30 days' notice by email and in the Service.
5.2 A new price takes effect at the start of your next Term after the notice period ends. It never applies to a Term you have already paid for.
5.3 If you do not agree with a price change, you may cancel before it takes effect and you will not be charged the new price.
6. Upgrades and Downgrades
6.1 Upgrades take effect immediately. We charge a pro-rated amount for the rest of the current Term, and the new Plan price applies from the next Term.
6.2 Downgrades take effect at the start of the next Term. No refund or credit is given for the rest of the current Term unless the Refund & Cancellation Policy says otherwise. Features, domains, mailboxes or panel accounts not supported by the lower Plan may be lost at the downgrade date. We will warn you before you confirm.
6.3 Extra mailboxes and extra domains added during a Term are charged pro-rata at the add-on rates in s.2.3 and s.2.4, for the rest of the current Term, and then at the full add-on rate. Removing extra mailboxes or extra domains takes effect at the start of the next Term (renewal). A yearly mailbox or domain add-on charge is refunded in full if you cancel that add-on, or the subscription, within 14 days after the add-on charge. After that window, the add-on fee is non-refundable for the rest of the paid Term, unless the Refund & Cancellation Policy says otherwise.
7. Non-Payment and Suspension
7.1 If a renewal payment is declined, we email you right away and we freeze the account within 24 hours.
7.2 While the account is frozen, filtering and portal access are suspended, except for billing. Incoming mail is held, not delivered. If payment then succeeds, we deliver the held mail.
7.3 If the account is still unpaid 5 days after the freeze, we return held mail and new incoming mail to the sender (bounce it).
7.4 If the account is still unpaid, we may terminate it 30 days after the freeze, under s.17. After termination, the export and deletion windows in s.18 apply (export for 30 days, then deletion within 30 days, with backups overwritten within 35 days).
7.5 Chargebacks. If you believe a charge is wrong, please contact [email protected] first; most billing issues are resolved within 5 business days. See the Refund & Cancellation Policy for how chargebacks are handled.
8. Consent to Automated Scanning; Your Authority
8.1 Consent. By enrolling a domain or mailbox, you consent, and confirm that you are entitled to consent, to the Service doing the following with email sent to or from the Protected Mailboxes, including content, attachments, headers and connection data: receiving, intercepting, temporarily storing, scanning, classifying, quarantining, releasing, rejecting and delivering it. This is done solely to provide the Service. You are the intended recipient or the originator of those communications, or you act with their authority, for the purposes of the consent exception in s.184(2)(a) of the Criminal Code (Canada) and any similar law.
8.2 Authority warranty. You represent and warrant that:
- (a) you own or control each domain you enrol, and are authorized to route its mail through the Service;
- (b) for every Protected Mailbox used by another person (for example an employee, contractor or family member), you have the legal right to authorize scanning of that mailbox; and
- (c) before enrolment you have informed that person that their email is processed by an automated filtering service, in a way that meets your own legal obligations, including employment, privacy and workplace-policy obligations; and
- (d) you will not enrol any domain or mailbox you are not authorized to control, and will tell us right away if your authority ends.
8.3 Verification. We do not filter mail for a domain until its ownership is verified, for example by a DNS record. We may stop filtering a domain if we reasonably doubt your authority.
8.4 No human reading. Our staff do not read message content except in these cases: (a) you ask us to, for example in a support ticket about a specific message; (b) it is strictly necessary to investigate a security incident or abuse; or (c) the law requires it. Every such access is logged.
9. Your Account and Acceptable Use
9.1 You must keep account information accurate and credentials secure. Multi-factor authentication is mandatory for administrator accounts. You must be of the age of majority where you live.
9.2 You must comply with the Acceptable Use Policy (https://postfend.com/aup).
10. No Guarantee of Filtering Accuracy
10.1 No filter is perfect. Spam and threat detection is probabilistic. The Service will sometimes:
- (a) classify legitimate email as spam or a threat and quarantine, delay or reject it (a false positive); and
- (b) fail to detect spam, phishing, malware or other harmful email and deliver it (a false negative).
10.2 We do not warrant that the Service will detect or block all unwanted or harmful email, deliver all legitimate email, or prevent any security incident, fraud or loss. The SLA covers availability only, never accuracy.
10.3 You remain responsible for the following: reviewing quarantine; keeping other security controls in place; and verifying payment, wire-transfer or trust-money instructions through a separate channel. You should also not rely on the Service as the only way to receive time-sensitive or legally significant notices. Allow-list senders of important mail and check quarantine.
10.4 Any detection figures we publish describe measured past results under the stated test conditions. They are not a promise of future performance.
11. Quarantine
11.1 By default, suspected spam is quarantined, not deleted, and you can review and release it.
11.2 Quarantined messages are kept for 30 days on every Plan (you may choose a shorter period) and are then automatically and permanently deleted.
11.3 You are responsible for reviewing quarantine before messages are deleted. If you choose "reject" or "delete" actions instead of quarantine, you accept a higher risk of losing legitimate mail.
12. Availability
12.1 Best-Effort Plans (Lite, Team, and free accounts) are provided "as available", without guaranteed uptime or service credits.
12.2 Covered Plans (paid Professional, Business and Enterprise subscriptions in good standing) include the Service Level Agreement (https://postfend.com/sla), which commits to 99.9% Monthly Uptime for the Mail Processing Service, with service credits. For Enterprise, that SLA and the Business support-response targets apply unless the signed Enterprise agreement states different uptime, credit or support terms. Service credits under the SLA are your sole and exclusive remedy for unavailability, except that nothing in this s.12 or the SLA limits rights you have as a Consumer under applicable law (s.20).
13. Your Data
13.1 You own your email and data. You give us a limited licence to process it only to provide, secure and support the Service, to comply with law, and as described in the Privacy Policy and, if you are a Business Customer, the DPA.
13.2 We do not sell your data or use email content for advertising. We do not train shared machine-learning models on your email content unless you opt in. To improve filtering we may use non-content signals, such as sending-IP reputation, hashes of known spam or malware, and aggregated statistics that do not identify you.
13.3 If you are a Business Customer, the DPA (https://postfend.com/dpa) applies and prevails over these Terms on data protection. If you are a Consumer, the Privacy Policy covers your account data and the email we filter for you, and the DPA does not apply.
14. Disclaimer of Warranties
EXCEPT AS EXPRESSLY STATED IN THESE TERMS AND THE SLA, AND TO THE EXTENT THE LAW ALLOWS, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". WE DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND UNINTERRUPTED OR ERROR-FREE OPERATION. NOTHING IN THIS SECTION LIMITS RIGHTS YOU HAVE AS A CONSUMER UNDER APPLICABLE LAW (S.20).
15. Limitation of Liability
15.1 Excluded damages. To the extent the law allows, neither party is liable for indirect, incidental, special, consequential, exemplary or punitive damages. Neither party is liable for lost profits, revenue, business, goodwill or data, including losses caused by a message being quarantined, delayed, rejected, deleted or delivered.
15.2 Cap. To the extent the law allows, our total liability arising from these Terms or the Service is limited to the fees you paid us for the Service in the 12 months before the event giving rise to the claim. This applies in contract, tort (including negligence) or otherwise.
15.3 Exceptions. The limits do not apply to: your payment obligations; your indemnity; either party's fraud, wilful misconduct or gross negligence; or any liability that the law does not allow to be limited. Nothing in this s.15 limits rights you have as a Consumer under applicable law (s.20).
16. Indemnity
If you are a Business Customer, you will defend and indemnify 2758188 Alberta Ltd. and its directors, officers, employees and contractors against claims, losses, fines and reasonable legal costs arising from:
- (a) a domain or mailbox you enrolled without authority, or users you did not inform as required by s.8.2;
- (b) your breach of the Acceptable Use Policy or of the law; or
- (c) content sent by you or your users.
This indemnity does not apply to a Consumer to the extent consumer law does not allow it. Nothing in this s.16 limits rights you have as a Consumer under applicable law (s.20).
17. Cancellation, Suspension and Termination
17.1 You may cancel at any time in account settings or by contacting [email protected]. Cancellation takes effect at the end of the current Term. Refunds are governed by the Refund & Cancellation Policy (https://postfend.com/refunds). This s.17.1 does not limit rights you have as a Consumer under applicable law (s.20).
17.2 We may suspend the Service immediately, with notice where practicable, in any of these cases: an Acceptable Use Policy breach; a security threat; doubt about your authority over a domain; non-payment under s.7; or a legal requirement.
17.3 Either party may terminate for a material breach that is not cured within 30 days of notice. We may also terminate for convenience on 60 days' notice and refund prepaid fees for the unused period.
18. Data Export on Termination
18.1 For 30 days after termination, you may export your configuration, allow/block lists, the logs available on your Plan, and quarantined messages still within retention, in .eml and CSV format.
18.2 After that, we delete your data within 30 days. Backups are overwritten within 35 days. We keep only the records the law requires, such as billing, tax, consent and breach records, and only for the required period.
19. Legal Requests
We require valid legal process before we disclose customer data. Examples are a production order or a warrant, or a Part VI authorization for any live interception. We disclose only what the process requires and we notify you unless the law prohibits it. See https://postfend.com/law-enforcement.
20. Consumers
20.1 This section applies if you are a Consumer, as defined at the start of these Terms. It prevails over any conflicting term, including a business-option selection made at checkout.
20.2 For every online Consumer signup, on every Plan and billing period (including monthly Lite), we do the following. We also do this wherever your contract is an Internet sales contract under Alberta's Internet Sales Contract Regulation, Alta Reg 81/2001 (made under the Consumer Protection Act), meaning a consumer transaction formed by text-based Internet communications in which the consideration for the goods or services exceeds $50:
- Before you subscribe, we disclose the information that Regulation requires. This includes our name and, if different, the name under which we carry on business, how to contact us (currently [email protected] and https://postfend.com), a description of the Service, an itemized price including taxes, the total consideration payable under the contract or, where the services are purchased over time, the amount of the periodic payments, the currency, payment terms, the start date, and the cancellation and refund policies.
- We give you an express opportunity to accept or decline and to correct errors immediately before you enter into the contract.
- We email you a copy of the contract within 15 days. In customer-facing material, the legal name appears only where the law requires it: the pre-contract checkout summary, the emailed copy of the contract, and the Legal Notice at https://postfend.com/legal, each as the single line Sold by 2758188 Alberta Ltd., operating as PostFend. Everywhere else customers see, we say only PostFend.
20.3 Your statutory cancellation rights, set out in the Refund & Cancellation Policy, prevail over these Terms. Refunds under those rights are paid within 15 days.
20.4 Nothing in these Terms — including disclaimers, liability caps, the indemnity, auto-renewal, cancellation timing, or the governing-law and forum clauses — limits rights you have as a Consumer under applicable law, including the Consumer Protection Act and the Internet Sales Contract Regulation. Some of those terms may not apply to you to the extent consumer law does not allow them. Nothing requires a Consumer to arbitrate or to waive a class proceeding or a jury trial, and these Terms do not contain such a waiver. Consumers outside Alberta may have more rights under their local law.
21. Changes to these Terms
21.1 For material changes we give at least 30 days' notice by email and in the Service. Changes take effect at your next Term, or sooner only where the law or security requires.
21.2 If you do not agree, you may cancel before the change takes effect and receive a pro-rata refund of prepaid fees for the unused period. Past versions are archived at https://postfend.com/terms/1.0.
22. Governing Law and Courts
These Terms are governed by the laws of Alberta and the federal laws of Canada that apply there. The courts of Alberta sitting in Calgary have exclusive jurisdiction. A Consumer may also sue where the law of their residence allows. Nothing in this s.22 limits rights you have as a Consumer under applicable law. The UN Convention on Contracts for the International Sale of Goods does not apply.
23. General
These Terms, the documents incorporated into them, and your Order are the entire agreement. The following general terms also apply:
- If any provision is unenforceable, the rest of the Terms still apply.
- Failing to enforce a term does not waive it.
- You may not assign these Terms without our consent. We may assign them on a merger or sale of the business, with notice to you.
- Neither party is liable for events beyond its reasonable control (force majeure).
- Notices go to your account email and to [email protected].
- These Terms are in English.
- Sections 10, 13–16, 18 and 22 survive termination.
Contact: 2758188 Alberta Ltd., operating as PostFend. Contact us at [email protected].