Draft for review. These terms are not in effect. Bracketed details require confirmation before use.
These Terms and Conditions govern access to Pempo Mail, Pempo Contacts, and Pempo Calendar, including the related websites and applications described in your order. They apply between you and Pempo when a contract is formed.
About Pempo
Pempo is a French simplified joint-stock company (SAS) with registered office at 16 rue de la Ville l’Évêque, 75008 Paris, France. Its share capital is €1,000. Pempo is registered under 101 767 010 R.C.S. Paris. Its SIRET is 101 767 010 00016 and its VAT number is FR41101767010.
Contact: contact@pempo.me. Telephone: 07 80 95 34 89 (+33 7 80 95 34 89).
Scope and accounts
Pempo Mail lets you send and receive email. Pempo Contacts lets you manage contacts. Pempo Calendar lets you manage calendar information. Features depend on your plan.
Pempo offers personal accounts to individuals. Registration is open worldwide. [Review the legal requirements for each launch market.]
Before you create an account, we will present the applicable terms and any plan information. If you accept them, you agree to provide accurate account information and keep it current.
The services are recommended for users aged 12 and older. [Assess the rules for minors and any parental authorization required in each market before launch.]
You are responsible for safeguarding your credentials and the devices you use to access your account. Tell us promptly if you suspect unauthorized access. [Describe recovery options and any limits caused by loss of encryption keys.]
Plans and payments
Pempo offers a monthly paid plan for €4.99 on the web and €5.99 through iOS or Google Play. The annual plan costs €49.99 on the web and €59.99 through the App Store or Google Play. Prices include all applicable taxes.
Paid subscriptions are ongoing contracts billed monthly or annually until cancellation.
Pempo also offers a free plan. The free plan includes 10 GiB of storage, and the Max plan includes 200 GiB.
If you cancel your paid subscription or downgrade, your paid plan continues until the end of the paid period. A 15-day grace period follows, during which you can move or export data. After that period, if your account exceeds the free plan's storage allowance, Pempo deletes your oldest emails first to bring usage within the allowance. Any applicable legal rights to switch services or retrieve data remain available.
At the end of the grace period, the free plan's other limits also apply. Extra folders and labels become frozen. Extra addresses and custom domains stop sending and receiving messages. The service shows a notice during the grace period. [Confirm that the notice and limits apply to every purchase platform and explain any effects on attachments and backups.]
You can cancel a web subscription in Settings under Subscription. There you can also view payment history and update your payment method. You can cancel an App Store or Google Play subscription through the relevant store. Contact contact@pempo.me with billing or refund questions. [Before publication, confirm invoices and each store's withdrawal process.]
We will inform you at least 14 days before a price change, or earlier if the law requires more notice. A price change will not remove any mandatory right to refuse the change or end the contract.
Consumer withdrawal
If you are a consumer and enter into a distance contract, you generally have 14 days from the conclusion of the contract to withdraw without giving a reason, subject to applicable legal conditions and exceptions.
To withdraw, give Pempo an unequivocal statement of your decision. For example, you can contact us by email, post, or telephone using the details above. You can use the form below, but you do not have to use it. [Add the electronic withdrawal function and confirmation process required for the actual ordering channel.]
If you withdraw, we will reimburse payments as required by law. If you expressly ask us to begin a service during the withdrawal period, a proportionate amount for the service supplied can be due where the legal conditions are met. We will refund the balance as required by law. Starting a continuing service does not by itself remove your withdrawal right.
Model withdrawal form:
To Pempo, 16 rue de la Ville l’Évêque, 75008 Paris, France, contact@pempo.me, +33 7 80 95 34 89.
I give notice that I withdraw from my contract for the following service: [service and plan].
Ordered on: [date].
Name and address: [name and address].
Signature, if sent on paper: [signature]. Date: [date].
Your content and permitted use
You retain the rights you hold in your messages, contacts, calendar entries, and other content. You permit Pempo to process that content only as needed to provide the services and for the other purposes described in the Privacy Policy and applicable law.
You must use the services lawfully and respect the rights of others. You must not use them to send unlawful unsolicited messages, distribute malicious software, interfere with the services, or gain unauthorized access to accounts or systems.
You are responsible for the content you send or store and for the permissions required to use another person's data. This does not remove any responsibility Pempo has under applicable law.
Security and acceptable use
We can take proportionate action to protect users and the services, including restricting access when we reasonably identify a security threat, unlawful use, or a material breach of these terms.
We will inform you at least 14 days before Pempo suspends or ends your contract, or earlier if the law requires more notice. Immediate action can be necessary to prevent harm or comply with law. Where practical and lawful, we will explain the action, provide a way to challenge it, and restore access when the reason no longer applies. [Confirm the notice, review, appeal, and data access process for each service.]
The Privacy Policy describes the processing of content and metadata. [Confirm the actual encryption and recovery features, and add any limitations that are material to users.]
Availability and changes
We provide the services in accordance with the contract and applicable law. Maintenance, security incidents, and events outside our reasonable control can interrupt access. We will give notice of planned interruptions when practical.
We can update the services for security, legal, technical, or operational reasons. We will inform you at least 14 days before a service change or discontinuation, or earlier if the law requires more notice. We will follow the other requirements that apply, including termination rights. [Define notice methods and treatment of emergencies.]
Third party services
You can import and synchronize mail one way from supported external providers such as Gmail. You choose whether to connect an external account. The provider's own terms and privacy notices can apply. [Confirm the final provider list and data exchanged.]
Intellectual property
Pempo and its licensors retain their rights in the services, software, names, and related materials. Your plan grants you permission to use the services during the contract, subject to these terms and any mandatory rights under law.
Consumer legal guarantees
If you are a consumer, applicable law grants you legal rights concerning the conformity of digital services. For continuous supply, the applicable guarantee can cover lack of conformity during the period in which the service must be supplied.
Depending on the legal conditions, you can request that the service be brought into conformity, a price reduction, or termination. Applicable law also governs updates, response times, and any other remedies. These terms do not remove your mandatory rights.
If you obtain a price reduction or end the contract because the service does not conform, Pempo refunds the sums due within 14 days after your decision. Where the law requires it, the refund accounts for the period when the service did not conform, even if you used it.
If a business prevents a consumer from using this guarantee in bad faith, a court can impose a civil fine of up to €300,000. Under the conditions set by law, the fine can increase to 10% of average annual turnover.
The French terms contain the French statutory guarantee notice and withdrawal form. [Before publication, review the language and consumer-information requirements for each market.]
Ending the contract and recovering data
You can end your account or cancel a paid plan through [describe the actual account and cancellation process]. Cancellation of renewal and immediate termination can have different effects. We will explain those effects before you confirm.
We can end or suspend the contract for a material breach, nonpayment, legal requirement, or service discontinuation, subject to applicable notice and consumer protections. [Confirm the grounds, notice periods, appeal process, and treatment of prepaid fees.]
Pempo plans to offer a tool in settings to export all your data, including email, contacts, and calendar events. Export the data you want to keep before you close your account. After closure, account access and self-service export are no longer available. Your legal rights to recover and transfer data still apply.
[Before publication, confirm the tool is available, its formats, any fees, and applicable switching rights.]
Liability
Nothing in these terms limits liability that cannot lawfully be limited or excludes your mandatory statutory rights. Each party remains responsible for its obligations under applicable law. [French counsel must review any proposed additional limitation and its application to consumers and businesses.]
Complaints and disputes
If you have a complaint, contact Pempo at contact@pempo.me. We will explain how to submit the information needed to review it.
If your consumer complaint remains unresolved after you contact Pempo in writing, you can submit it free of charge to the Centre de la Médiation de la Consommation des Conciliateurs de Justice (CM2C), subject to applicable conditions. Contact CM2C by post at 49 rue de Ponthieu, 75008 Paris, France, by email at declarer-un-litige@cm2c.net, or through its website.
French law governs these terms, without depriving a consumer of mandatory protections available under the law of their country of habitual residence where applicable. A consumer retains the right to bring a claim before courts with jurisdiction under applicable law.
Changes to these terms
We can propose changes to these terms. We will inform you at least 14 days before changes take effect, or earlier if the law requires more notice. We will obtain consent or provide a right to terminate when required by law. The version that applies to an existing contract depends on the applicable law and the notice given. [Confirm notice methods.]