1.1. Object. LegallyMail provides the generation and preservation of digital evidence relating to the sending of email communications, through the collection of technical transmission records (logs), the creation of an evidence document (PDF) with metadata and relevant content, and its protection through hash functions and time-stamping issued by third parties.
1.2. Scope. This service does not replace public notification methods or qualified registered electronic delivery services according to Regulation (EU) 910/2014 (eIDAS). It does not constitute a “Qualified Electronic Registered Delivery Service (QERDS)” nor does it provide, by itself, the legal presumption associated with qualified services.
2.1. Technical adjustment. The service applies measures to preserve the integrity of data and certify its existence at a given time (hash + timestamp).
2.2. Not a QTSP. LegallyMail is not a Qualified Trust Service Provider (QTSP) nor is it listed on the EU/EEA Trusted Lists (TSL).
2.3. Third-party timestamps. Timestamps are obtained through external providers (e.g., FreeTSA) and are intended to certify that data existed at a specific time. Unless expressly stated otherwise, such stamps are not “qualified” in the sense of eIDAS.
2.4. QTSP Channel. The client may request a certificate with a qualified QSTA provider through the control panel, in the expert request section.
3.1. Sender. The identification of the sender is based on the data provided by the user and on the records of the mail provider used for the sending.
3.2. Recipient. LegallyMail does not guarantee the actual identity of the recipient beyond the email address indicated by the sender and the delivery records to receiving servers.
3.3. Content. The evidence document includes the content available at the time of processing (headers, body and attachments as appropriate). The user is responsible for not including illegal data or third-party data without a legal basis.
4.1. Private document. The evidence generated has the nature of a private document and its assessment corresponds to the court or administration before which it is presented, without LegallyMail being able to guarantee its acceptance or the result of a litigation.
4.2. No legal presumption. Except when a qualified timestamp issued by a QTSP is involved and the remaining legal requirements are met, the evidence does not enjoy the legal presumption of integrity, authorship, sending/reception nor accuracy of date and time associated with qualified services.
4.4. Risks. The user acknowledges that there are risks external to LegallyMail (anti‑spam filters, destination server blocks, DNS configuration errors, etc.) that can prevent delivery or generate delays.
5.1. Responsibility of use. The user assumes responsibility for the legality of the contents and recipients, the accuracy of the data provided and the use of the service.
5.2. Exclusions. LegallyMail is not liable for (i) judicial or administrative decisions on the suitability or effectiveness of the evidence; (ii) unavailability or failures of third-party services; (iii) loss of business or loss of profit derived from the non-delivery or non-acceptance of the evidence.
5.3. Liability Limit. In any case, the maximum liability of LegallyMail towards the user for direct damages shall not exceed the amount actually paid by the user for the service in the twelve (12) months preceding the event that gave rise to the claim.
5.4. No Legal Advice. The service does not constitute legal advice; the user must seek independent advice when specific legal effects are intended.
5.5. Indemnification for Misuse. The user agrees to indemnify and hold LegallyMail harmless against any claim arising from illegal, abusive use, or use contrary to these terms (including harassment, unsolicited commercial communications, or document forgery).
6.1. Custody period. LegallyMail will preserve the evidence and metadata for a period of 6 years from its generation, unless there is a different legal obligation or a legitimate deletion request.
6.2. Access and export. The user may download the evidence file (PDF) and, where appropriate, the TSQ/TSR files or other verification artifacts.
6.3. Re-stamping / LTV. LegallyMail may offer, as an additional service, re-stamping and long-term validation mechanisms (LTV) to mitigate cryptographic obsolescence.
7.1. Technical and organizational measures. LegallyMail applies security, availability and resilience measures appropriate to the risk, including encryption in transit and at rest, access control and audit records.
7.2. Availability. Notwithstanding the above, uninterrupted availability of the service is not guaranteed.
8.1. Data controllers. In standard use, LegallyMail will act as a data processor regarding the personal data processed on behalf of the user (client), who acts as the data controller.
8.2. Data processing agreement. The user agrees to sign LegallyMail's Data Processing Agreement (DPA), which details purposes, security measures, sub-processors, transfers and exercise of rights.
8.3. Minimization. The user agrees to minimize the personal data included in the communications and not to send special categories without an appropriate legal basis.
9.1. Prices. Prices and, where appropriate, usage packages and limits are stated on the pricing page or in the accepted commercial proposal.
9.2. Qualified providers. The user can request a certificate with a qualified provider QSTA through the control panel, in the expert request section.
10.1. Express acceptance. Use of the service requires express acceptance of these Specific Conditions (e.g., by checking a box before sending).
10.2. Modifications. LegallyMail may modify these Conditions for legal or technical reasons; new versions will be published with the updated date.
These Conditions are governed by Spanish law. Unless there is an imperative jurisdiction, the parties submit to the Courts and Tribunals of Madrid.
12.1. Right of withdrawal. The user has the right to withdraw from the purchase within 14 calendar days from the date of contract, in accordance with current consumer protection regulations.
12.2. Refund conditions. A full refund of the amount paid may be requested provided that the service has not started to be used (i.e., no certified sending has been made and no credit from the contracted package has been consumed). Once the service has started to be executed, the user loses their right of withdrawal in accordance with consumer protection laws.