Tobava Mail

Terms of Service

Effective date: 11 April 2026 · Last revised: 2 October 2026 (section 11: a closed account is erased after a 30-day grace period) and 30 September 2026 (section 5 inactivity period; takes effect 14 October 2026)

These Terms of Service govern your use of all services provided by Tobava, including Tobava Mail, Tobava Antivirus, website scanning, dark web monitoring, and related security tools (collectively, the "Services"). By accessing or using any Service, you agree to these Terms. If you do not agree, do not use the Services.

1. Eligibility

The Services are available to individuals aged 18 and over. By creating an account, you confirm that you meet this requirement and have the legal capacity to enter a binding agreement. Accounts created by bots or automated means are not permitted and will be terminated.

2. Your Account

You are responsible for maintaining the security of your account credentials and for all activity that occurs under your account. You must notify us immediately at support@tobava.com if you suspect unauthorised access. Tobava is not liable for losses resulting from a failure to keep your credentials secure.

You may not share your account with others or transfer it to a third party without our written consent.

When registering, and on request thereafter, you must provide accurate and current information, including your real name, a valid postal address, a contactable phone number, and a working external email address (not a Tobava-hosted address) which you must verify. We may require existing accounts to complete this verification before continued access is granted. We may suspend, restrict, or terminate any account that is unverified, that we reasonably believe was created or is operated in breach of these Terms, or that is used for the prohibited purposes described in Section 3 — immediately and without notice where necessary to protect our systems or other users.

3. Acceptable Use

You agree to use the Services only for lawful purposes. The following are strictly prohibited:

We reserve the right to suspend or terminate accounts that violate these rules, immediately and without notice where necessary to protect the integrity of our systems or comply with law.

4. Service Availability

We aim to provide reliable, high-availability Services. However, the Services are provided "as is" and "as available." We do not guarantee uninterrupted or error-free operation. Scheduled maintenance will be communicated in advance where reasonably practicable.

Tobava is not liable for loss or damage caused by service interruptions, delays, or data loss beyond our reasonable control.

5. Storage and Data Limits

Each account tier includes a defined storage allocation. If you exceed your quota, some features may be restricted until storage is freed or your plan is upgraded. Tobava is not responsible for data that cannot be delivered or stored due to quota limits.

Accounts without an active paid subscription that are left unused for six consecutive months may be deleted. We send a warning about a month beforehand and a final warning about a week beforehand; signing in at any point resets the clock. This clause takes effect on 14 October 2026; until then the previous period of 12 consecutive months applies.

6. Subscriptions and Payment

Paid plans are billed on a monthly or annual cycle as selected at signup. Subscriptions renew automatically unless cancelled before the renewal date. Prices may change at any time; you will be notified prior to a renewal price change.

Refunds for paid subscriptions may be requested within 30 days of the initial purchase for the unused portion of the billing period. After this period, refunds are at Tobava's sole discretion. Accounts terminated for violating these Terms are not eligible for refunds.

7. Intellectual Property

All software, branding, designs, and content comprising the Services are owned by or licensed to Tobava and are protected by Australian and international intellectual property laws. You may not copy, modify, reverse-engineer, or redistribute any part of the Services without our written consent.

You retain full ownership of any content you upload or generate through the Services. By using the Services, you grant Tobava a limited licence to process and store that content solely for the purpose of delivering the Services to you.

8. Privacy

Your use of the Services is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information in accordance with the Australian Privacy Act 1988 (Cth).

We determine the approximate country of a sign-up from its IP address in order to select the correct billing currency and to detect abuse. This lookup runs entirely on our own servers against a local database — your IP address is never sent to a geolocation provider. That database is IP Geolocation by DB-IP, used under the Creative Commons Attribution 4.0 International Licence.

9. Limitation of Liability

To the maximum extent permitted by law, Tobava's total liability for any claim arising from or related to the Services shall not exceed the greater of AUD $100 or the amount you paid us in the 12 months preceding the claim.

Tobava is not liable for any indirect, incidental, special, or consequential damages, including loss of data, loss of profits, or business interruption, even if we were advised of the possibility of such damages.

Nothing in these Terms limits any rights you have under the Australian Consumer Law (ACL), Schedule 2 of the Competition and Consumer Act 2010.

10. Indemnification

You agree to indemnify and hold harmless Tobava, its officers, employees, and agents from any claims, losses, or damages (including reasonable legal fees) arising from your use of the Services in violation of these Terms or applicable law.

11. Termination

You may close your account at any time from your account settings on the website. A closed account is signed out everywhere at once and permanently erased 30 days later; signing in again within those 30 days cancels the closure. Tobava may terminate or suspend your account immediately if you breach these Terms, fail to pay for a paid subscription, or where required by law.

Upon termination, your right to use the Services ceases immediately. We have no obligation to retain your data after account closure except as required by applicable law.

12. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated via email or an in-app notice at least 14 days before taking effect. Continued use of the Services after the effective date constitutes acceptance of the updated Terms.

13. Governing Law

These Terms are governed by the laws of the State of Queensland, Australia. Any disputes will be subject to the exclusive jurisdiction of the courts of Queensland, Australia.

Contact

Questions about these Terms: support@tobava.com

Tobava Pty Ltd · ABN 83 696 573 010
PO Box 60, Mansfield QLD 4122, Australia