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Plain-English summary
This review of Tuta Mail's terms found that the company limits its liability for data loss to recovery costs, excludes liability for lost profits, and reserves the right to block services for payment defaults or legal violations while still obligating the customer to pay fees. Additionally, German law will prevail in disputes over the English translation. Users of free services might have their accounts terminated if they're inactive for six months. After contract termination, the user is responsible for data storage and backup. The company may also use third-party services. On the positive side, private customers who purchase through distance communication have a 14-day right to cancel the contract without stating a reason.
87% confidence
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Risk Flags
4 findings
Critical issues that include hard-to-reverse harm, such as loss of money or rights.
high95% confidence
Liability for lost data is limited to recovery costs.
Liability for data loss caused by Tutao is limited to the costs of recovering data that would have been lost even with appropriate data backup measures.
Why it matters: If your data is lost due to an issue with the service, the company will only pay for the costs to recover the data that would have been lost regardless of your backup efforts. This means you might not be fully compensated for all lost data.
For data loss caused by Tutao, Tutao is only liable for the costs that result from recovering of the data that would have also been lost despite performing appropriate data backup measurements. A liability is limited to the liability regulations of these Terms and Conditions.
Liability of Tutao, paragraph 4 · Citation strength: strong
high95% confidence
Loss of profit is excluded from liability.
The liability for any lost profit is excluded.
Why it matters: If you experience any lost profit as a result of using the service or issues with the service, the company will not be liable to compensate you for those lost profits.
The liability for any lost profit is excluded.
Liability of Tutao, paragraph 5 · Citation strength: strong
high90% confidence
Service may be blocked for payment default or legal violations, with fees still obligated.
If there is culpable conduct by the customer or an attributable third party violating German law or these Terms, Tutao can block the service in full or in part. Blocking is also permitted for payment default. The customer is not released from paying agreed fees by a blockage.
Why it matters: Your service may be blocked if you or a third party violate German law or the terms, or if you default on payment. Despite the service being blocked, you will still be obligated to pay all agreed fees.
a culpable conduct of the customer or of a third party attributable to this customer
German law prevails over English translation in case of dispute.
In case of a dispute or discrepancy between the German Terms and Conditions and the English translation, the German version shall prevail.
Why it matters: If there is any disagreement over the terms, the German version of the terms will be considered the legally binding one, which might differ from the English version you are reading.
_These General Terms and Conditions are provided in English for your convenience. Please note that in case of a dispute or discrepancy between the German Terms and Conditions and the English translation, the [German version](https://tuta.com/de/terms) shall prevail._
Terms and Conditions of Tutao GmbH, paragraph 3 · Citation strength: strong
Data Use
1 finding
How the company collects, uses, and shares your data.
low95% confidence
Personal data is collected, processed, and used if provided by the customer.
If provided by the customer, Tutao collects, processes, and uses personal data of the customer.
Why it matters: The company will collect, process, and use your personal data if you provide it to them.
If provided by the customer, Tutao collects, processes and uses personal data of the customer.
Privacy, paragraph 1 · Citation strength: strong
Cancellation & Renewal
3 findings
How to cancel the service, and what happens with renewals and refunds.
medium85% confidence
Fixed-term consumer contracts renew automatically without a fixed term.
Contracts with consumers that have a fixed term up to 12 months, if not terminated, are automatically renewed without a fixed term and can then be terminated with one month's notice.
Why it matters: If you have a fixed-term contract of up to 12 months and do not cancel it, it will automatically renew indefinitely. You would then need to provide one month's notice to terminate the renewed contract.
Contracts with a fixed term up to 12 months may be terminated by either party with a notice period of one month prior to the end of the agreed term. If the contract is not terminated, the contract is automatically renewed without a fixed term. The automatically renewed contract may be terminated by either party at any time with a notice period of one month.
Term of contract, contract renewal and contract termination, termination of services, paragraph 3 · Citation strength: strong
high90% confidence
Fixed-term company contracts automatically renew for the same fixed term.
Contracts with companies with a fixed term of one or up to 12 months, if not terminated, are automatically renewed for the term agreed-upon, and this applies even to already automatically renewed contracts.
Why it matters: If your company contract has a fixed term and you do not terminate it, it will automatically renew for another period of the same length (e.g., 12 months renews for another 12 months), and this pattern continues for subsequent renewals.
Contracts with companies with a fixed term of one or up to 12 months may be terminated by either party with a notice period of one month prior to the end of the agreed term. If the contract is not terminated, the contract is automatically renewed for the term agreed-upon in the contract, i.e. in case of a 12-month contract period, the contract is automatically renewed for another 12 months. The automatically renewed contract may be terminated by either party with a notice period of one month prior to the end of the agreed-upon term. In the absence of timely notice of termination, the automatic renewal shall also apply to contracts that have already been automatically renewed.
Term of contract, contract renewal and contract termination, termination of services, paragraph 5 · Citation strength: strong
medium90% confidence
Free accounts may be terminated without notice if unused for six months.
Tutao is entitled to terminate the contract without notice for a free-of-charge tariff if the account was not used for at least six months.
Why it matters: If you have a free account and do not use it for six months, the company can terminate your contract and account without prior notice.
Tutao is entitled to terminate the contract without notice in case of a free of charge tariff if the account was not used for at least six months.
Term of contract, contract renewal and contract termination, termination of services, paragraph 10 · Citation strength: strong
Gotchas
3 findings
Potentially overlooked clauses that could disadvantage users.
medium95% confidence
User is responsible for timely data storage and backup after contract termination.
After termination of the contract, Tutao is no longer obligated to provide contractual services, and the timely storage and backup of data is the customer’s responsibility.
Why it matters: Once your contract ends, the company no longer has to provide services or keep your data. It's your responsibility to back up and store your data before termination to avoid losing it.
After termination of the contract, Tutao is no longer obligated to provide the contractual services. The timely storage and backup of the data, is the customer’s responsibility.
Term of contract, contract renewal and contract termination, termination of services, paragraph 9 · Citation strength: strong
low95% confidence
Tutao may use third-party services for provision.
Tutao has the right to use services of third parties for the service provision at any time and in any amount.
Why it matters: The company may use third-party services as much as they want to provide their services, which means your data might be processed or handled by external companies.
Tutao has the right to use services of third parties for the service provision at any time and in any amount.
Subject of the contract and alteration of the contract, paragraph 5 · Citation strength: strong
low95% confidence
Free features can be canceled at any time.
Voluntary and unpaid services and benefits of Tutao, which are explicitly described as such and are not part of the service description, can be canceled by Tutao at any time.
Why it matters: Any features or services that are offered for free and are not part of your paid service may be canceled by the company at any time without notice.
Voluntary and unpaid services and benefits of Tutao which explicitly are described as such and are not part of the service description can be cancelled by Tutao at any time.
Subject of the contract and alteration of the contract, paragraph 4 · Citation strength: strong
Protections
1 finding
Commitments that benefit users.
Protection95% confidence
Customers have a 14-day right of withdrawal for distance selling contracts.
If a private customer's contract was concluded exclusively by means of distance communication, they have a statutory right to cancel the contract within fourteen days without giving any reason.
Why it helps: This allows private customers who are consumers to cancel their contract and receive a refund within 14 days if they made the purchase through distance communication, providing a cooling-off period.
You have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of contract.
**Notice of cancellation**, paragraph 2 · Citation strength: strong
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