GENERAL TERMS AND CONDITIONS OF LODAGO
This document sets out the terms and conditions under which Rocketmail grants the User access to and use of its Lodago software (the “Application Services”) in exchange for payment of the agreed royalty. By subscribing, the User confirms they received these General Terms and Conditions and detailed information on the Application Services’ features, technical and organizational aspects and limitations before entering this Agreement. They understand the Services are a standard SaaS package and may not meet every unique need of each User and Sub-Users.
Accessing or using the Application Services implies unconditional acceptance of these Terms. The User warrants they have full authority to bind their organization and will keep copies of all contractual documents listed in Article 5.
IMPORTANT: Sub-Users acknowledge by checking “I have read, understood, and accept these General Terms and Conditions” that they are bound by Articles 7, 8, 9, 15, 16, 17, 18, 20, 34, and 37.
Article 1. Definitions
For the purposes of this Agreement, the following terms have these meanings:
- Anomaly: A software bug in the Application Services’ source code. Any error, non-conformity, and/or malfunction not located in the source code of the Application Services does not constitute an anomaly.
- Application Services: SaaS offering by Rocketmail allowing access to the Software, including hosting, maintenance, and support
- Contract: This document plus the Subscription.
- Documentation: User guides, technical specs, and contract appendices.
- Feature: Any module or option the User subscribes to at the time of the Subscription or during the Subscription.
- General Terms and Conditions: This document and its Annexes.
- Identifiers: Login and password for each Sub‑User.
- Initial Period: The minimum period of commitment to the Application Services.
- Meeting: Any appointment booked via the Software, by a Sub-User with any third party or by a third party with a Sub-User.
- New Version: An update that adds or changes functionality.
- Subscription: The User’s chosen plan, fees, and term.
- Royalty: The fee payable for the right to use the Application Services.
- Software: The software developed by Rocketmail S.à r.l. and marketed under the name Lodago. It includes functionalities related to event and meeting management, scheduling, and attendee engagement, as well as the associated documentation, interfaces, and configurable parameters.
- Sub-User: Any physical person designated by the User who benefits, through the User’s Subscription, from the Application Services. A Sub-User can be an employee, a contractor, an agent and/or any person involved in general business operations of the User, such as its Affiliates for their own general business operations. The Sub-User must be at least 18 years old on the date they benefit from the Application Services.
- Subscription: The User’s agreement with Rocketmail for use of Application Services
- User: The Subscriber’s legal entity using the Application Services.
- Virus: any device or software (e.g., code, file, or program) that may disrupt, alter, or impair the operation of the Application Services, systems, networks, or data, including worms, Trojan horses, and similar threats.
- Working Day: Monday–Saturday, excluding U.S. federal holidays.
- Non-Working Day: Sundays and U.S. federal holidays.
Article 2. Parties & Hosting
Owner & Publisher: Rocketmail S.à r.l., 16-18 rue Robert Stümper, L-2557 Luxembourg-City, Luxembourg, RCS Luxembourg B157869 – contact@lodago.com
Host of the Application Services: Amazon, whose registered office is P.O box 81226, Seattle, WA 98108-1226, United-States and telephone number is 1- (206) – 266 -4064.
Article 3. Purpose
Grant a non-exclusive, non-transferable license to use the Application Services worldwide for the Subscription term.
Article 4. Scope
These General Terms and Conditions apply to any Subscription allowing Sub-Users to access the Application Services. Subscription implies the User’s express acceptance of these Terms and the waiver of its own contractual conditions. In case of multiple contractual documents, these Terms prevail unless Rocketmail has expressly agreed otherwise, subject to the ‘Contractual Documents’ article. The User’s general terms or similar documents are not enforceable against Rocketmail. Information in Rocketmail’s materials (e.g., websites, brochures, price lists) is for reference only. Rocketmail may choose not to enforce a clause without waiving its right to do so later.
Article 5. Contractual Documents
In order of priority:
- Subscription
- These General Terms (and Annexes)
These documents constitute the Contract. In case of conflict, the higher-ranking document prevails. The User’s general terms or similar documents are not binding on Rocketmail.
Article 6. Subscription Process
- User chooses plan and Features online or via quote.
- Quotes are valid for up to 30 days, pending User acceptance.
- User must provide and update accurate contact and billing information.
Article 7. Access & Cooperation
Access via Network
Rocketmail provides the Application Services online, hosted on its chosen servers. URLs may be changed or deactivated without notice. The Services are provided as-is.
The User must fully cooperate to ensure access, including:
- Implementing procedures and tools for proper use;
- Assigning and training qualified personnel for the implementation;
- Making regular data backups and testing them;
- Following Rocketmail’s guidance and warnings.
Sub-User Access
To use the Services, Sub-Users must:
- Create a unique, personal, non-transferable online account;
- Ensure the Subscription Royalty is paid (including first and recurring payments). If paid by a third party, that party controls access and reporting;
- Connect their Google or Outlook calendar.
Sub-Users must access the Services via a compatible device (computer, tablet, smartphone) using supported browsers (Chrome 99, Firefox 99, Edge, or Safari 15), and operating systems, with their own internet connection. Access is via www.lodago.app using either a unique Rocketmail identifier and a secure password created upon first login via a Rocketmail email, or through Single Sign-On (SSO) if enabled.”
Access requires proper technical conditions (hardware, software, network security). Identifiers are personal, confidential, and non-transferable. Sub-Users must not share them and are fully responsible for their use. Unauthorized access must be reported to support@lodago.com immediately. Passwords must meet the CNPD’s strength standards (https://cnpd.public.lu/en.html). If lost or stolen, Rocketmail will issue new identifiers upon notification.
Rocketmail may approve or reject account requests and deactivate accounts at any time for security or contractual breaches.
Availability
Rocketmail aims to provide 24/7 access, subject to:
- Network or telecom interruptions;
- Maintenance (typically done on working days from 06:00–08:00 and 20:00–23:59 CET, and all day on non-working days).
No compensation is owed for downtime. Rocketmail may restrict access from unidentified or suspicious devices for security reasons.
These interruptions do not entitle the User to compensation, and Rocketmail is not liable for any resulting impact. Access may also be blocked for security reasons if connections come from unidentified or suspicious devices.
Article 8. License Grant
For the duration of the Subscription and worldwide, the User is granted a personal, non-exclusive, non-transferable right to use the Application Services.
Use is limited to SaaS access via network and must comply with the Intellectual Property article of these General Terms and Conditions. Rocketmail retains full ownership, and no rights are granted beyond those expressly stated.
Article 9. Acceptable Use
Prohibited activities include, but are not limited to:
- Intimidating, abusing, humiliating, or harming others, including minors or vulnerable persons;
- Sending unsolicited messages or spam;
- Introducing viruses, malware, or harmful code (e.g., worms, trojans, spyware);
- Transmitting unlawful, defamatory, obscene, harassing, discriminatory, or otherwise offensive content;
- Promoting or facilitating illegal activity, violence, or sexually explicit material;
- Attempting unauthorized access to the Services or connected systems (e.g., hacking, password mining);
- Using data mining, bots, or similar data extraction methods;
- Disclosing or processing special categories of personal data under the GDPR, including health data;
- Reselling, sublicensing, or using the Services to develop a competing product.
Article 10. Maintenance & Support
For maintenance and technical support details, refer to Annex 3 – Service Level Agreement (SLA), which forms part of these General Terms and Conditions.
If an event involving the User requires a high level of technical maintenance by Rocketmail for the Application Services, Rocketmail will provide continuous support during the event. This maintenance is subject to Rocketmail receiving written notice from the User at least fifteen (15) days prior to the event. The notice must be sent to support@lodago.com.
Article 11. User Contact Points
User will designate up to 10 authorized contacts for all communications. Updates must be sent to legal@lodago.com within 15 days of change.
Article 12. Term & Renewal
Entry into force
The Contract enters into force and takes effect on the later of:
(i) the date of signature or firm, final, and unconditional acceptance of the Subscription by the User; or
(ii) the date of first use of the Application Services by the User or any Sub-User.
Availability of the Application Services
The Application Services are made available to the User under a right of use, in accordance with these General Terms and Conditions, within seven (7) days from the date chosen by Lodago among the following: (i) signature of the contract, (ii) receipt of full payment of the initial Royalty, or (iii) setup of the SSO. However, if the Subscription document explicitly states that SSO setup is a requirement, the seven (7) day period shall start from the date the SSO setup is completed.
Commitment period
The duration of the Subscription is specified in the Subscription agreement. Unless otherwise agreed by the Parties:
- The initial commitment period (“Initial Period”) may be one (1) to three (3) months for a Proof of Concept; or one (1), two (2), three (3), four (4), or five (5) years for full use of the Application Services.
- Renewal reminders will be sent by email 120 and 150 days before the renewal date.
The Contract is not terminable before the end of the Initial Period.
At the end of the Initial Period, the Contract is automatically renewed for the same duration unless either Party objects. To object to renewal:
- The User must notify Rocketmail by email to legal@lodago.com, and
- Notice must be received:
- (i) at least ninety (90) calendar days before renewal for one (1) to five (5) year terms, or
- (ii) at least eight (8) days before renewal for monthly terms.
Failure to meet these notice requirements will result in automatic renewal for a term equal to the Initial Period. Upon renewal, these General Terms and Conditions remain in effect, except that the applicable Royalty will be updated to the rate in force at the time of renewal.
Article 13. Royalty
The right to use the Application Services is granted for the Royalty set in the Subscription, or in the case of tacit renewal, at the rate in effect on the renewal date. The first payment is due on the Subscription date; subsequent payments follow the same monthly or annual schedule. Prices are confidential.
Exclusions: The Royalty does not include internet or telecom costs, hardware/software, third-party fees, taxes, or non-subscribed options.
Taxes: Prices are exclusive of VAT and other applicable taxes. The User is responsible for all applicable local or foreign charges and agrees to indemnify Rocketmail for any related claims.
Payment: Invoices are payable upon receipt. The User must maintain accurate billing information and notify Rocketmail of any changes. Disputes must be submitted within 15 calendar days.
Review: Rocketmail may revise prices annually based on the SYNTEC index or with one (1) month’s notice. In the latter case, the User may terminate the Contract at the end of the notice period.
Late Payment: Late payments incur interest at ECB rate +8 points, plus a fixed EUR 40 recovery fee. Additional recovery costs may be charged. If payment remains unpaid 8 days after formal notice, Rocketmail may terminate the Contract.
Direct Debit: By paying online, the User authorizes Rocketmail (or its provider) to charge their card for all fees due. Rocketmail is not liable for the third-party processor.
Article 14. Hosting & Security
Rocketmail hosts the Application Services and all transmitted data on secure cloud servers provided by Amazon Web Services (AWS), by default in Paris, France (Europe).
Upon the User’s express request—submitted to support@lodago.com prior to any Subscription or Contract—Rocketmail will host the Application Services and related data on AWS servers located in a different data center of the User’s choice. In such cases, Rocketmail will implement the requested hosting location within thirty (30) calendar days of receiving the request.
Rocketmail takes reasonable measures to secure access to and use of the Application Services, in line with current protocols and industry practices at the time of Subscription. Rocketmail is not liable for changes in technology or future developments that cannot reasonably be anticipated.
Article 15. Third-Party Websites
Third-party websites mentioned by Rocketmail are for information only and do not imply endorsement or responsibility. Users must avoid accessing them if security is in doubt and promptly report any issues to Rocketmail.
Rocketmail is not liable for any loss or damage resulting from the use of or reliance on content, products, or services from these external sites.
Article 16. Data
All data used by the User and Sub-Users within the Application Services remain their exclusive property. Rocketmail has no rights to this data and may only process it under the User’s instructions to deliver the Services.
The User and Sub-Users are solely responsible for the lawfulness, quality, and relevance of this data, including compliance with intellectual property, image rights, and data protection laws. Where the data includes personal data, the User and Sub-Users confirm they have fulfilled their obligations under the GDPR and informed the data subjects accordingly.
Rocketmail acts solely as a processor, with obligations defined in Annex 2 – Data Processing Agreement (Rocketmail as Processor). The User and Sub-Users agree to indemnify Rocketmail against any third-party claims related to data transmitted or used through the Services.
Article 17. Intellectual Property
Rocketmail retains all intellectual property rights to the Application Services, including software, source code, trademarks, content, and any materials used or developed in connection with the Contract. The User is granted only a personal, limited, non-exclusive, non-transferable right to use the Application Services for internal use and as per the Contract.
The User may not:
- Reproduce, modify, distribute, translate, or adapt the Application Services;
- Merge the Application Services with other software, resell or lend them;
- Decompile, reverse-engineer, or attempt to access the source code, except as legally permitted;
- Intervene directly or through third parties in any part of the Application Services;
- Use, disclose, or sublicense the Application Services or derivative works to third parties;
- Register or use trademarks, domain names, or signs similar to “Rocketmail” or “Lodago” during the Contract and for ten (10) years after termination.
Any rights inadvertently acquired by the User shall be transferred to Rocketmail upon request. The User may not claim ownership or derive additional rights through use.
All copyright and proprietary notices must be preserved. If the User is asked to share the Application Services, they must refer the request to Rocketmail and not process third-party data using the Services without authorization.
Article 18. Guarantee
The Application Services contain a standard software package designed to satisfy the greatest number of users and not software specifically developed for the User. Consequently, Rocketmail cannot guarantee that the Application Services will meet the specific needs of the User.
The Application Services are provided on an “as is” basis and exclude any warranty that is or has been made by any other service or company, whether similar or dissimilar to, or in competition with, Rocketmail—whether by trade usage, customary conduct, particular use, third-party merchantability, or results otherwise expected by the User.
Rocketmail does not confer or grant any warranty, except for the material existence of the Application Services, its legal existence as a corporate entity, and its ownership rights over the Application Services. Rocketmail therefore assumes no other warranty than those mentioned in these General Terms and Conditions and the Contract and in particular:
- Does not guarantee the continuity of the Application Services, which are delivered remotely via the Internet, as acknowledged by the User. The User understands the technical risks inherent to the Internet and the potential access interruptions it may cause, and acknowledges the limitations of any Internet connection that may slow access to the Application Services. Consequently, Rocketmail shall not be held responsible for any unavailability or slowdown of the Application Services. Furthermore, it is the User’s responsibility to respect the usage thresholds recommended by Rocketmail.
- The User acknowledges that it is not possible to guarantee that the Application Services will meet performance or cost-efficiency requirements, or that they will operate without interruptions, bugs, or errors. In addition, Rocketmail specifically disclaims, to the fullest extent permitted by law, all implied warranties of merchantability, fitness for a particular purpose, non-infringement, or those arising from usage or trade practices with respect to the Application Services.
- Does not assume any warranty regarding latent defects in the Application Services.
- Does not grant any warranty of quiet enjoyment or non-disturbance. Rocketmail states that it is not aware of any third-party rights (notably copyright or patent rights) other than those it holds on the Application Services.
In any case, the guarantee is excluded in the following situations:
- The User has not complied with Rocketmail’s recommendations;
- The User or a third party has intervened in the Application Services;
- The Application Services are combined with other software or applications.
Rocketmail offers no warranty (including from its affiliates) regarding the physical medium used by the User to access the Application Services.
The information and data contained in Rocketmail’s communication materials—such as websites, digital media, catalogs, brochures, or price lists—are provided for informational purposes only, unless expressly referred to in the contractual documents. Consequently, Rocketmail (including its affiliates) gives no warranty regarding any content, whether communicated in writing or orally, and whether directly or indirectly, across its communication platforms. No warranty is provided for usage tips or “best practices” guidance offered by Rocketmail.
Article 19. Limitation of Liability
Rocketmail will make every effort to provide the Application Services under optimal conditions, except where interrupted at the request of a competent administrative or judicial authority.
Rocketmail is bound only by an obligation of means, not of result, for all its contractual obligations, including service provision, data hosting, and corrective maintenance. Rocketmail may be held liable only in the event of a fault duly proven by the User and only for direct, certain, and foreseeable damage.
Liability Cap
IF ROCKETMAIL IS HELD LIABLE FOR A FAULT DULY PROVEN BY THE USER PURSUANT TO A FINAL COURT DECISION, WHATEVER THE NATURE, BASIS, OR FORM OF ACTION TAKEN AGAINST ROCKETMAIL, THE TOTAL CUMULATIVE AMOUNT OF DAMAGES PAYABLE BY ROCKETMAIL SHALL BE LIMITED TO THE AMOUNTS ACTUALLY COLLECTED BY ROCKETMAIL UNDER THE SUBSCRIPTION OR CONTRACT IN THE TWELVE (12) MONTHS PRECEDING THE FIRST EVENT.
Exclusion of Liability
Rocketmail shall not be liable for:
- Any unforeseeable and/or indirect, incidental, consequential, or special damages suffered by the User, Sub-Users, or third parties. This includes (without limitation): loss of use, business interruption, operational losses, damage to reputation or goodwill, lost business, contracts, savings, profits, revenue, or data; corruption of software, information or files; increased operational costs; or third-party claims;
- Damage caused to or suffered by third parties due to content hosted by the Application Services, which is under the User’s or Sub-Users’ control;
- Damage to physical goods unrelated to the Application Services;
- Outcomes of the Sub-Users’ integration of the Application Services into their systems or other third-party tools;
- Any damage caused, wholly or in part, by third-party or User-installed, repaired, or developed software;
- Any action or third-party involvement regarding modules, APIs, or other systems interfacing with the Application Services.
Rocketmail also disclaims liability for:
- Misuse or misapplication of the Application Services, including resulting intangible, material, or bodily harm;
- Accidental data loss due to actions by the User, Sub-Users, or others, unless due to Rocketmail’s gross negligence;
- Third-party claims related to commercial use of the Application Services by the User or Sub-Users. The User agrees to indemnify Rocketmail for any resulting legal, financial, or administrative consequences.
Rocketmail shall not be liable in cases of:
- Fault, negligence, omission, or breach by the User, Sub-User, or third party, including non-compliance with Rocketmail’s guidance;
- Force majeure or external events beyond Rocketmail’s control (e.g., hosting failures, internet outages, cyberattacks, service interruptions, or password misuse unless proven to result solely from Rocketmail’s failure to secure the Application Services);
- Disclosure or misuse of login credentials issued to the User or Sub-User;
- Breaches of confidentiality due to weak or non-compliant passwords, contrary to the CNPD’s recommendations (https://cnpd.public.lu/en.html).
Unspecified requirements in the Contract are outside Rocketmail’s scope of responsibility.
The User is fully responsible for the use of the Application Services by Sub-Users and any data processed. The User assumes all related obligations, especially those concerning personal data protection.
Time Limit for Claims
In case of non-performance or improper performance by Rocketmail, any claim must be brought within one (1) year of the date the User became aware of the issue. In any event, no claim may be brought more than one (1) year after the end of the Subscription, whichever occurs first.
Article 20. Confidentiality & Non‑Competition
Definition of Confidential Information
“Confidential Information” means any information disclosed by one party (the “disclosing party”)—including its affiliates, business partners, employees, agents, or contractors—to the other party (the “receiving party”), whether before, during, or after the start of the Subscription, in any form (oral, visual, written, or other), including but not limited to:
(i) information related to the disclosing party’s products, designs, business plans, opportunities, finances, R&D, know-how, or personnel;
(ii) specifications, formulas, prototypes, computer programs (source and/or object code), records, data, ideas, methods, techniques, processes, projections, plans, marketing materials, financial data, analyses, notes, legal documents, improvements, patents (pending or registered), and related know-how;
(iii) any analyses, notes, or other materials prepared by the receiving party containing such information.
Exclusions
Confidential Information does not include information that:
(i) becomes public through no breach of this Agreement by the receiving party;
(ii) was already in the receiving party’s possession prior to disclosure, as shown by written records, and was not obtained under a duty of confidentiality;
(iii) is received lawfully from a third party not under a confidentiality obligation; or
(iv) is independently developed without use of or reference to the disclosing party’s Confidential Information, as proven by written records.
If the receiving party is required by law to disclose any Confidential Information, it shall promptly notify the disclosing party so that appropriate protective measures may be sought. In the absence of such measures, only the minimum required disclosure shall be made.
Non-disclosure and Non-use
The receiving party shall use the Confidential Information solely for the purposes of the Agreement, shall not disclose it to third parties without prior written consent, and shall protect it with at least the same level of care it uses for its own confidential information—never less than reasonable care.
Disclosure is permitted only to the receiving party’s or its affiliates’ employees, contractors, agents, or representatives (“Representatives”) who need to know and are bound by confidentiality obligations no less protective than those in this Agreement. The receiving party remains liable for compliance by its Representatives.
Return and Destruction
Upon written request, the receiving party shall return, destroy, or erase all tangible copies of Confidential Information (excluding backup or archival copies) and confirm in writing that this has been done.
The non-disclosure and non-use obligations shall survive termination of the Agreement for five (5) years, and for trade secrets, for as long as they remain protected under applicable law.
Non-competition Restriction
The User is strictly prohibited from publicly discussing Rocketmail’s product functionalities with Rocketmail’s direct competitors—including, without limitation, Cvent, Calendly, and Chili Piper—and from granting those competitors internal access to or consultation of the Application Services.
Article 21. Data Protection
The Parties shall comply with all applicable data protection laws, including the General Data Protection Regulation (EU) 2016/679 (“GDPR”).
Rocketmail’s obligations as data controller and data processor, as well as applicable technical and organizational security measures, are detailed in Annex 1 (Privacy Policy) and Annex 2 (Data Processing Agreement), which form an integral part of these General Terms and Conditions.
Rocketmail will automatically delete any inactive account, including associated data, after thirty-six (36) months of inactivity, without prior notice.
Article 22. Anti‑Corruption
Each Party agrees to comply with all applicable anti-corruption laws and regulations throughout the term of the Contract. No Party, nor anyone acting on its behalf, shall offer or give any payment or benefit that could be considered bribery.
Any suspicion of bribery must be investigated promptly. The Parties shall cooperate, at the requesting Party’s expense, with any inquiry by a competent authority.
Any breach of this Article constitutes a material breach entitling the other Party to terminate the Contract without notice or compensation, without prejudice to any damages.
Article 23. Transfer of rights
Except in connection with (i) a merger, consolidation, reorganization, sale of all or substantially all of a party’s stock or assets, or a similar transaction, or (ii) an assignment to an affiliate, neither party may assign or transfer its rights or obligations under this Agreement without the prior written consent of the other party. Such consent shall not be unreasonably withheld, conditioned, or delayed.
Article 24. Evidence
Rocketmail’s recording systems shall serve as proof of the date and duration of use of the Application Services.
This constitutes a presumption of proof, which may only be rebutted by demonstrating that Rocketmail’s recording or storage systems have actually malfunctioned.
Article 25. Responsibility for Sub-Users
The User is responsible for ensuring that all Sub-Users comply with the terms of the Contract, including these General Terms and Conditions. The User shall be liable for any breach of the Contract by a Sub-User as if it were their own.
Article 26. Subcontracting
The User acknowledges that Rocketmail is free to engage subcontractors of its choice to perform all or part of the Application Services.
Article 27. Force Majeure
Rocketmail shall not be held liable for any delay or failure in the performance of its obligations due to a force majeure event.
Force majeure refers to any external, unforeseeable, and irresistible event, including but not limited to those recognized under Luxembourgish law or jurisprudence, such as natural disasters, war, civil unrest, epidemics or pandemics (e.g., Covid), governmental orders, utility or network failures, strikes, or failures of suppliers or subcontractors not attributable to Rocketmail.
In such cases, Rocketmail may suspend its obligations without liability for the duration of the force majeure event.
Article 28. Termination of the Contract
28.1 Termination for Default
In the event of a breach by either Party of any of its obligations under the Contract, the other Party may terminate the Contract by electronic notice (e.g., email with acknowledgment of receipt), subject to a 30-calendar-day notice period, unless the breach is irremediable, in which case termination may be immediate. This includes cases of insolvency or the initiation of collective proceedings (e.g., receivership or liquidation).
Termination by the User must be notified to: legal@lodago.com.
Termination is without prejudice to any claim for damages.
28.2 Termination of Sub-User Access
A Sub-User’s access to the Application Services shall automatically terminate when they are no longer employed by the User who entered into the Contract.
Article 29. Consequences of the end of the Contract
Upon termination or expiration of the Contract for any reason, including account cancellation, all access to the Application Services by the User and Sub-Users will immediately cease, and all rights of use will be revoked.
The User must promptly pay all outstanding invoices, including a final invoice covering any unbilled services up to the termination date, payable under the terms of the Subscription.
Each Party shall return or destroy any materials, documentation, or property belonging to the other Party.
Unless required otherwise by data protection law, Rocketmail may delete the User’s data within ninety (90) days of termination, unless the User submits a written request for a backup within that period. Rocketmail will then use reasonable efforts to provide the latest backup within thirty (30) days, provided all fees are fully paid. Where Rocketmail is the data controller, its data retention policy shall apply.
Termination does not affect any rights or liabilities accrued before the termination date, including the right to claim damages for prior breaches.
Article 30. Reference
Each Party may mention the other Party’s name, company name, logo, and/or brand on reference lists and communication materials (including websites), for internal and external, worldwide commercial purposes. For this purpose, each Party grants the other a non-exclusive, revocable, royalty-free license to use, display, and reproduce such elements for the duration of the relevant intellectual property rights.
Either Party may object to such use by written notice. Upon request, the other Party shall remove the references within thirty (30) days of receiving the objection. The User may object by writing to legal@lodago.com.
Article 31. Miscellaneous
If any provision of these General Terms and Conditions is found invalid, the remaining provisions shall remain in force. Terms like “including”, “in particular”, or similar are illustrative and not limiting. The Parties agree to acknowledge or respond to any email from the other Party within seven (7) Working Days.
Article 32. Headings
Headings are for convenience only and shall not affect the interpretation of the clauses.
Article 33. No Waiver
A Party’s failure to enforce any provision shall not be deemed a waiver of its rights.
Article 34. Compliance with Laws
Each Party agrees to comply with all applicable laws and regulations, including those relating to data content and usage. Rocketmail will fulfill its legal obligations as a service provider under the law applicable to the Contract.
Both Parties represent that they are not subject to sanctions, embargoes, or other restrictions that would prevent execution of the Contract. They also undertake not to process or make accessible any unlawful content (e.g., material promoting terrorism, child abuse, or other illegal content).
Each Party reserves the right to investigate suspected violations of this clause and to take appropriate action, including suspending or terminating the Contract, reporting to authorities, or disclosing necessary information to regulators or other third parties.
Article 35. Language
The Parties declare that they have required that these General Terms and Conditions and all related documents, present or future, be drawn up in English only.
Les Parties déclarent avoir exigé que les présentes Conditions Générales et tous les documents y afférents, présents ou futurs, soient rédigés en langue anglaise uniquement.
Article 36. Applicable law
THE CONTRACT IS EXCLUSIVELY GOVERNED BY LUXEMBOURG LAW.
Article 37. Jurisdiction clause
THE COURTS OF THE CITY OF LUXEMBOURG, GRAND DUCHY OF LUXEMBOURG ARE EXCLUSIVELY COMPETENT TO HEAR ANY DISPUTE.
Article 38. Modification of the Contract and the General Terms and Conditions
Any modification, waiver, or addition to the Contract shall be valid only if made in writing and signed by both Parties.
Any modification of the General Terms and Conditions by Rocketmail requires the User’s express prior approval.