BichonBichon

Terms of Service

Last updated: 3 November 2026

Please read these Terms carefully. They contain a disclaimer of warranty and a limitation of liability that affect your legal rights. The Software is self-hosted: you run it, you control it, and you are responsible for your data and your backups. Mandatory consumer rights are not excluded — see section 15.

1. Who we are and what these Terms cover

Bichon is a self-hosted email archiving application. The Community edition is free software licensed under the GNU Affero General Public License, version 3 (AGPLv3), and is governed by that license rather than by these Terms. These Terms govern:

  • your use of https://bichon.rustmailer.com and any related websites we operate (the “Site”);
  • your purchase and use of a commercial license for Bichon Pro or Bichon Enterprise (the “Commercial License”), together with the Commercial License Terms; and
  • any evaluation, support, or other services we provide in connection with the Software.

We are [LEGAL ENTITY NAME], [STREET AND NUMBER], [POSTAL CODE, CITY], [COUNTRY] (“we”, “us”, “our”). You can contact us at rustmailer.git@gmail.com.

If you enter into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and “you” means that entity. By ordering, downloading, installing, or using a Commercial License, you accept these Terms and the Commercial License Terms. If you do not accept them, do not order or use the Software.

2. The Software is self-hosted

The Software is installed and operated by you on infrastructure you choose. We do not host, operate, access, or administer your deployment, and we have no access to your servers, credentials, mailboxes, or archived content. We do not receive your archived email, and the Software does not transmit your data, usage statistics, or telemetry to us. Network connections made by the Software are to services you configure — for example your IMAP servers, an OIDC provider, a timestamp authority, or a SIEM endpoint — or are initiated by you, such as downloading an update.

You are solely responsible for:

  • deploying, configuring, securing, patching, monitoring, and backing up the Software and the infrastructure it runs on;
  • maintaining independent backups of all archived data, storing them separately from the system that runs the Software, and regularly testing that they restore;
  • determining whether the Software and its output meet your legal, regulatory, retention, and evidentiary requirements, including any obligation to archive or preserve email; and
  • complying with all laws applicable to your archiving, monitoring, and processing of email and personal data.

3. Eligibility and business use

The Site and Commercial Licenses are intended for businesses and professional use. If you are a consumer, mandatory consumer laws in your country may give you rights that cannot be excluded; see section 15. You must be at least 18 years old and legally able to enter into a contract.

4. Orders, prices, and payment

Prices are quoted in the currency stated in your quote or order confirmation and are exclusive of taxes unless stated otherwise. You are responsible for any sales tax, VAT, GST, or similar taxes, except taxes on our own income. If you are a business in the EU/EEA with a valid VAT identification number, the reverse-charge mechanism may apply.

A contract is formed when we confirm your order and issue an invoice or license key. We may decline or cancel an order before delivery — for example for sanctions, suspected fraud, or an obvious pricing error — and will refund any amount already paid for that order.

Unless agreed otherwise, payment is due before the license is issued. Fees for the initial license are non-refundable once the license key has been issued, except where mandatory law requires otherwise. Update subscriptions and renewals are billed as stated in the applicable quote. Overdue amounts may suspend license issuance and support until settled.

5. Delivery and license issuance

Commercial Licenses are delivered electronically: you receive a license key and download instructions by email. The license is bound to the instance ID generated and stored in your deployment’s data directory. Moving that data directory to another server preserves the instance ID; deleting it or losing the volume changes it and requires a new license. Keep your license key and your data volume safe.

6. Evaluation and trial

We may make the Software available for evaluation. Unless we agree otherwise in writing, an evaluation lasts 30 days from first start and permits up to 2 accounts. The evaluation is provided for testing only, without warranty, and may be terminated earlier. We may decline a new evaluation if one has already been provided for the same deployment or organization. When the evaluation ends, Pro features stop and the deployment continues with Community features. We do not delete your data (we have no access to it), but an evaluation deployment must not be your only copy of anything you cannot afford to lose.

7. Updates and support

A Commercial License includes updates released during the update window stated in the license — normally 12 months from issue. After that window, the existing license continues to permit use of Software versions released within the window; builds that require a later update entitlement will not run under that license. You may extend the update window by purchasing an annual update subscription. We intend to release updates and security fixes, but we are not obliged to release any particular update, feature, or patch. Community support is provided through public channels such as GitHub and Discord on a best-effort basis. Paid support or service levels require a separate written agreement.

8. Acceptable use

You must not:

  • archive, process, or monitor email without the authority required by applicable law;
  • use the Software to violate anyone’s privacy, confidentiality, or data protection rights;
  • remove or alter copyright, license, or attribution notices, except as permitted by the AGPLv3 for Community code;
  • resell, sublicense, rent, or provide the Commercial License as a service to third parties without our written consent;
  • circumvent license validation, account limits, or other technical restrictions; or
  • use the Software in a way that infringes intellectual property rights or violates export control laws.

9. Intellectual property

The Software, including the Pro and Enterprise features, remains our property and that of our licensors. A Commercial License grants a license, not a sale. Community code is licensed under the AGPLv3. Open-source components included in the Software remain subject to their own licenses, which prevail over these Terms for those components. “Bichon” and associated logos are our trademarks; you may use them only to refer factually to the Software.

10. Your data and privacy

You are the controller of any personal data in the email you archive. Because the Software is self-hosted and we do not access your deployment, we do not process that data on your behalf, and no data processing agreement is required for normal operation. If you grant us remote access for troubleshooting, we will access only what is necessary, on your instructions, and a data processing agreement is available on request.

Our handling of personal data collected through the Site and in the course of sales is described in our Privacy Policy.

11. Feedback

If you send us suggestions or feedback, you grant us a non-exclusive, perpetual, royalty-free license to use it without obligation or compensation. Do not send us confidential information or third-party data in feedback.

12. Warranty disclaimer

To the maximum extent permitted by applicable law, the Software and the Site are provided “as is” and “as available”, without warranty of any kind, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, title, accuracy, and non-infringement. We do not warrant that the Software will be uninterrupted, error-free, or secure, that it will be free from data loss, corruption, or unauthorized access, or that it will meet your requirements or comply with any particular legal or regulatory standard. You are responsible for testing the Software and for maintaining independent backups. Some jurisdictions do not allow the exclusion of implied warranties, so part of this section may not apply to you.

13. Limitation of liability

To the maximum extent permitted by applicable law:

  • we shall not be liable for any loss of or damage to data, email, or archives; loss of profits, revenue, or goodwill; business interruption; or any indirect, incidental, special, consequential, or punitive damages, however caused and under any theory of liability, even if we have been advised of the possibility;
  • our total aggregate liability arising out of or relating to the Software or these Terms shall not exceed the license fees actually paid by you for the Software in the twelve (12) months preceding the event giving rise to the claim. If you use the Community edition free of charge, our liability is limited to the maximum extent permitted by law;
  • these limitations apply regardless of whether the claim arises in contract, tort (including negligence), strict liability, or otherwise, and they are a fundamental basis of the bargain between us;
  • nothing in these Terms excludes or limits liability that cannot be excluded or limited by applicable law, including liability for willful misconduct, gross negligence, death or personal injury, fraud, product liability, or non-waivable statutory rights. If a limitation is unenforceable, it applies to the maximum extent permitted, and the remaining provisions remain in effect.

14. Indemnity

To the extent permitted by law, you will indemnify and hold us harmless from claims, damages, and costs (including reasonable legal fees) arising from your use of the Software in violation of these Terms or applicable law, including claims by individuals whose email you archive or monitor without lawful authority.

15. Consumer rights

Nothing in these Terms excludes, restricts, or modifies any right you have under mandatory consumer protection law, including:

  • the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)). Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law.
  • the New Zealand Consumer Guarantees Act 1993 and the Fair Trading Act 1986. Where you acquire the Software for business purposes, we contract out of those Acts to the extent permitted by law and confirm that it is fair and reasonable to do so.
  • EU/EEA and UK consumer law, including the 14-day right of withdrawal for distance contracts. If you are a consumer, you may withdraw within 14 days of purchase. If you ask us to deliver a license key immediately and acknowledge that you lose the withdrawal right once delivery begins, the right ends on delivery. To exercise the right, contact us before using the license.
  • the consumer protection laws of your Canadian province or territory. If you are a consumer in Quebec, you may request a French version of these Terms by contacting us.

Where these laws apply, they prevail over conflicting provisions of these Terms.

16. Term and termination

These Terms apply for as long as you use the Site or hold a Commercial License. We may suspend or terminate your license if you materially breach these Terms — including non-payment or circumventing license controls — and fail to remedy within 14 days of notice, or immediately for unlawful use or infringement. On termination you must stop using the Commercial License and remove the Pro and Enterprise features; Community code remains available under the AGPLv3. Sections that by their nature should survive — including intellectual property, warranty disclaimer, limitation of liability, indemnity, and governing law — survive termination.

17. Changes

We may update these Terms from time to time. The updated version will be posted on this page with a new date. Changes apply prospectively; if you hold a Commercial License, a material change will not apply retroactively to a dispute that arose before the change. Continued use after the effective date constitutes acceptance. If you do not agree, stop using the Site and do not renew.

18. Governing law and disputes

These Terms are governed by the laws of [GOVERNING LAW], without regard to conflict-of-law rules. The courts of [COURT VENUE] have exclusive jurisdiction, except that (a) we may bring a claim for infringement of intellectual property rights or for payment in any competent court, and (b) if mandatory consumer law gives you the right to bring proceedings in your local courts, you may do so.

The United Nations Convention on Contracts for the International Sale of Goods does not apply. If you are a consumer in the EU/EEA or the UK, nothing in this section prevents you from bringing proceedings in your country of residence or from contacting your local consumer protection body.

19. Miscellaneous

These Terms, together with the Commercial License Terms and any written quote or order confirmation, form the entire agreement between us and supersede prior discussions. If any provision is held invalid, the remainder stays in effect. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Notices must be in writing to the email address above (for you, the address in your order). A failure to enforce a provision is not a waiver. Headings are for convenience only.

20. Contact

[LEGAL ENTITY NAME]
[STREET AND NUMBER], [POSTAL CODE, CITY], [COUNTRY]
Email: rustmailer.git@gmail.com