These Fastmail API Terms of Service (the “API Terms“) describe your rights and responsibilities when accessing our publicly available application programming interfaces (the “APIs“) and related API documentation. Please read them carefully. We are happy you’re here.
General
Definitions
In these API Terms, the following words will have the meaning given to them:
“Application”, “App” or “Client Application” refers to any software application, functionality, website, product or service that uses the APIs.
“Australian Consumer Law” means the Australian Consumer Law which is Schedule 2 to the Competition and Consumer Act 2010 (Cth).
“Authorized User”: see “End User”.
“Core Services” refers to our online email, calendaring and contact productivity tools and platform.
“Customer” refers to the End-User responsible for the billing of the Services.
“Customer Terms of Service” means the terms and conditions for use of the various services provided by Fastmail, available online here.
“Data” refers to data, information or content uploaded, posted, transmitted or otherwise made available by End-Users and Customers via the Services, including emails, addresses, calendars and events, notes, files, settings and any metadata.
“Developer”, “you“, and “your“, refers to any person who, whether by themselves, through their employees or agents or otherwise and whether on their own account or in conjunction with others, whether directly or indirectly, develops a Client Application.
“End-User” is someone who is a Fastmail Customer or a person who has been approved by the Customer to access an Fastmail Core Service and includes anyone who interacts with the Client Application directly or indirectly or anyone whose Data is exposed to or used by the Client Application. Also referred to as “Authorized User”
The expression “person” includes any individual, corporation, firm, partnership, association, government and non-government department and any other entity or body of persons whether incorporated or not regardless of whether it constitutes a separate legal entity or not.
“Services” refers to Fastmail’s Core Services, and related systems and technology, as well as Fastmail’s websites and all of the information and content made available by or on behalf of Fastmail through any of those services.
“We,” “our“, “us” and “Fastmail” (where the context allows it) refers to Fastmail Pty Ltd.
Contract
These API Terms, together with the Fastmail API Developer Policy form a binding contract between you and us (“Contract”).
The Contract does not grant you any right to access or use our Core Services, or any of our non-public application programming interfaces, which will be governed by a separate agreement with us (e.g., our Customer Terms of Service).
Access to Our APIs
Your Applications
Subject to the restrictions below, we grant you a non-exclusive, revocable, worldwide, non-transferable (subject to the section titled “Assignment” below), limited license to access our APIs and documentation only as necessary to develop, test and support an integration of your Application with the Core Services. You may charge for your Application; however, you may not sell, rent, lease, sublicense, redistribute, or syndicate access to any of our APIs.
Use of our API
Your license to access our APIs and documentation is limited and subject to compliance with the Fastmail API Developer Policy and the Fastmail Brand Guidelines. Further, you will not:
- access our APIs or documentation in violation of any law or regulation encompassed by
- access our APIs in any manner that
- compromises, breaks or circumvents any of our technical processes or security measures associated with the Core Services,
- poses a security vulnerability to customers or users of the Core Services, or
- tests the vulnerability of our systems or networks beyond the scope permitted by our Bug Bounty program;
- access our APIs or documentation in order to replicate or compete with the Core Services;
- attempt to reverse engineer or otherwise derive source code, trade secrets, or know-how of our APIs or Core Services; or
- attempt to use our APIs in a manner that exceeds rate limits or constitutes excessive or abusive usage.
Transparency & Reporting
If you offer your Application for use by others outside your organisation (if applicable), or if you are an individual unrelated to any organisation, you must maintain a user agreement and privacy policy for your Application, which is prominently identified or located where users download or access your Application. Your privacy policy must meet applicable laws, regulations and legal standards, and describe the collection, use, storage and sharing of data in clear, understandable and accurate terms. You are required to follow applicable legal requirements if the use of your App will result in the international transfer of personal data.
You must promptly notify us in writing via email to [email protected] of any breaches of your user agreement or privacy policy that impact or may impact customers or users of the Core Services.
Please review our Privacy Policy for more information on how we collect and use data relating to the use and performance of our websites and products.
Our Right to Suspend Access and Audit
If we believe that there is a violation of the Contract that can simply be remedied by your modification or update of your Application, we will, in most cases, ask you to take direct action rather than intervene. In such instance, we may use your name, address and other contact details to contact you or provide this contact information to any third party that reasonably, in Fastmail’s sole determination, claims that you do not possess all of the necessary intellectual property rights. In some instances, we may directly step in and take what we determine to be appropriate action if you are not responsive, or if we believe there is a credible risk of harm to us, the Services, our customers or users or any third parties.
Fastmail also reserves a right to audit your Application to ensure it does not violate our terms and policies. You agree that you will cooperate with inquiries related to such an audit and provide us with proof that your Application complies with our terms and policies.
Ownership and Proprietary Rights
Reservation of Rights
You retain your ownership rights in your Application and we own and will continue to own our APIs, documentation and Core Services, including all related intellectual property rights therein. All of our rights not expressly granted by the Contract are hereby retained.
Use of feedback
The more suggestions our developers make, the better our APIs become. If you send us any feedback or suggestions regarding the APIs or documentation, there is a chance we will use it, so you grant us an unlimited, worldwide, irrevocable, perpetual, sublicensable, transferable, royalty-free license to use any such feedback or suggestions for any purpose without any obligation or compensation to you. If we choose not to implement the suggestion, please don’t take it personally. We appreciate it nonetheless.
Termination
You may terminate the Contract at any time by discontinuing use of our APIs, without any notice to us. As a matter of courtesy to us and our Customers, we ask for 7 days written notice.
If we determine in our absolute discretion that you have breached the Contract, our policies, or your other obligations to us, or that there is a risk of any harm, damage or loss to Customers, End-Users, third parties or Fastmail (including to Fastmail’s reputation, business, products, services, systems or rights), or that there is or could be illegal or other unapproved conduct, we may terminate the Contract immediately with or without notice to you.
We may also terminate the Contract without cause by providing you with 7 days written notice.
Upon termination of the Contract, all rights and licenses granted to you will terminate immediately. You understand that any APIs or documentation that are not made generally available but that are otherwise made available to you are the confidential information of Fastmail. Upon termination of the Contract, you will promptly destroy copies of any documentation and any other Fastmail information in your possession or control that was received under the Contract, except where such documentation or information is publicly available without any breach of obligations of confidentiality by you or any other person.
Disclaimer of Warranties
You represent and warrant that you have validly entered into the Contract and have the legal power to do so.
SUBJECT TO YOUR RIGHTS (IF ANY) UNDER THE LAW, INCLUDING THE AUSTRALIAN CONSUMER LAW, AND EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, THE APIS, DOCUMENTATION AND ALL RELATED COMPONENTS AND INFORMATION ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT WE DO NOT WARRANT THAT THE APIS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
Limitation of Liability
SUBJECT TO YOUR RIGHTS (IF ANY) UNDER THE LAW, INCLUDING THE AUSTRALIAN CONSUMER LAW, IN NO EVENT WILL FASTMAIL’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE CONTRACT (WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY) EXCEED US$100.
IN NO EVENT WILL FASTMAIL HAVE ANY LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT YOU OR THE THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
The limitations under this “Limitation of Liability” section apply with respect to all legal theories, whether in contract, tort or otherwise, and to the extent permitted by law. The provisions of this “Limitation of Liability” section allocate the risks under the Contract between the parties, and the parties have relied on these limitations in determining whether to enter into the Contract.
Application of Consumer Law
If any consumer laws (e.g., in Australia, the Australian Consumer Law) apply and cannot be lawfully excluded, nothing in these API Terms will restrict, exclude or modify any statutory warranties, guarantees, rights or remedies you have.
Your Indemnification of Us
You will defend Fastmail from and against any and all third party claims, actions, suits, proceedings, and demands arising from or related to your violation of the Contract or your violation of your user agreement or privacy policy (a “Claim Against Us“), and will indemnify Fastmail for all costs and expenses incurred including legal fees (on a full indemnity basis) and damages and other costs finally awarded against Fastmail in connection with or as a result of, and for amounts paid by Fastmail under a settlement you approve of in connection with, a Claim Against Us. We must provide you with prompt written notice of any Claim Against Us and allow you the right to assume the exclusive defence and control, and cooperate with any reasonable requests assisting your defence and settlement of such matter. This section states your sole liability with respect to, and Fastmail’s exclusive remedy against you for, any Claim Against Us.
Limitations on Indemnifications
Notwithstanding anything contained in the preceding section, (a) we will always be free to choose our own counsel if we pay for the cost of such counsel; and (b) no settlement may be entered into by you, without our express written consent (such consent not to be unreasonably withheld), if: (i) the third party asserting the claim is a government agency, (ii) the settlement arguably involves the making of admissions, (iii) the settlement does not include a full release of liability, or (iv) the settlement includes terms other than a full release of liability and the payment of money.
Survival
The sections titled “Ownership & Proprietary Rights”, “Termination”, “Disclaimer of Warranties”, “Limitation of Liability”, “Your Indemnification of Us”, “Limitations on Indemnifications” and “Survival”, as well as all of the provisions under the general heading “General Provisions” will survive any termination or expiration of the Contract.
General Provisions
Publicity
You grant us the right to use your company name and logo as a reference for marketing or promotional purposes on our website and in other public or private communications with our existing or potential developers and customers, subject to your standard trademark usage guidelines as provided to us from time-to-time.
Force Majeure
Neither party will be liable by reason of any failure or delay in the performance of its obligations on account of events beyond the reasonable control of a party, which may include denial-of-service attacks, a failure by a third party hosting provider or utility provider, strikes, pandemic, shortages, riots, fires, acts of God, war, terrorism, and governmental action.
Relationship of the Parties; No Third Party Beneficiaries
The parties are independent contractors. The Contract does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. There are no third party beneficiaries to the Contract.
Communications
Except as otherwise outlined in this Contract, all notices under the Contract will be by email. It is your responsibility to let us know if your email address changes. Notices to Fastmail should be sent to [email protected], except for notices of data breach which must be sent to [email protected], and legal notices, such as notices of termination, which must be sent to [email protected]. Notices will be deemed to have been duly given the day after they are sent.
Export controls & sanctions
Applications made available on the Fastmail platform may be subject to export control and sanctions laws and regulations. You agree to comply strictly with all such export control and sanctions laws and regulations that apply to your distribution or use of the Fastmail API and Services, including, but not limited to requirements in the Fastmail API Developer Policy.
If you’re not sure what sanctions may apply, please contact us on [email protected].
Modifications to our APIs and Documentation
Fastmail is still evolving, and so we need the flexibility to occasionally make changes to our APIs, including backwards incompatible changes. We will try to give notice of these changes, but you should consider following the @Fastmail Twitter account or viewing our changelogs for updates. Also, parts of our API are undocumented, including certain methods, events, and properties. Given that these undocumented aspects of our APIs may change at any time, you should not rely on their behaviours.
Modifications to the Contract
As our business evolves, we may change these API Terms and the other components of the Contract. If we make a material change to the Contract, we will provide you with reasonable notice prior to the change taking effect, by emailing the email address associated with your account. You can review the most current version of the API Terms at any time by visiting this page and by visiting the most current versions of the other pages that are referenced in the Contract. The materially revised Contract will become effective on the date set forth in our notice, and all other changes will become effective upon posting of the change. If you access our APIs after the effective date, that access will constitute your acceptance of any revised terms and conditions.
Waiver
No failure or delay by either party in exercising any right under the Contract will constitute a waiver of that right. No waiver under the Contract will be effective unless made in writing and signed by an authorized representative of the party being deemed to have granted the waiver.
Severability
The Contract will be enforced to the fullest extent permitted under applicable law. If any provision of the Contract is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of the Contract will remain in effect.
Assignment
Neither party may assign or delegate any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld). Notwithstanding the foregoing, either party may assign the Contract in its entirety, without consent of the other party, to a corporate affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Any purported assignment in violation of this section is void. A party’s sole remedy for any purported assignment by the other party in breach of this section will be, at the non-assigning party’s election, termination of the Contract upon written notice to the assigning party. Subject to the foregoing, the Contract will bind and inure to the benefit of the parties, their respective successors and permitted assigns.
Governing Law
The Contract, and any disputes arising out of or related hereto, will be governed exclusively by the laws of Victoria, Australia, without regard to conflicts of laws rules or the United Nations Convention on the International Sale of Goods. The courts located in Victoria, Australia will have exclusive jurisdiction to adjudicate any dispute arising out of or relating to the Contract or its formation, interpretation or enforcement. Each party hereby consents and submits to the exclusive jurisdiction of such courts. Each party also hereby waives any right to jury trial in connection with any action or litigation in any way arising out of or related to the Contract. In any action or proceeding to enforce rights under the Contract, the prevailing party will be entitled to recover its reasonable costs and legal fees.
Entire Agreement
The Contract, including these API Terms constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. To the extent of any conflict or inconsistency between the provisions in these API Terms and any other documents or pages referenced in these API Terms, the following order of precedence will apply: (A) the API Terms, (B) Fastmail API Developer Policy, and (C) any other documents or pages referenced in the Contract.
