Terms and Conditions

TERMS AND CONDITIONS

GENERAL STATEMENT

Welcome to www.mailshut.com. (“Mailshut,” “our,” “we,” or “us”) provides Email services to users around the world. Please read our Terms of Service so you understand your use of Mailshut. You agree to our Terms of Service (“Terms”) by accessing, or using our services, features, software, or website (together, “Services”).

ABOUT OUR SERVICES

  1. Registration

You must register for our Services using accurate data, name, address, billing address, provide your current mobile phone number, and, if you change it, update this mobile phone number using our in-app change number feature. You agree to receive text messages and phone calls (from us or our third-party providers) with codes to register for our Services.

  1. Age

 You must be at least 18 years old to use our Services (or such greater age required in your country for you to be authorized to use our Services without parental approval). In addition to being of the minimum required age to use our Services under applicable law, if you are not old enough to have authority to agree to our Terms in your country, your parent or guardian must agree to our Terms on your behalf.

If you are using Mailshut on behalf of a company, partnership, association, government or other organisation (your “Organisation”), you warrant that you are authorised to do so and that you are authorised to bind your Organisation to these Terms. In such circumstances, “you” will include your Organisation.

We may translate these Terms into multiple languages. If there is any difference between the English version and any other language version of these Terms, the English version will apply (to the extent permitted by applicable laws and regulations).

  1. Devices and Software

You must provide certain devices, software, and data connections to use our Services, which we otherwise do not supply. For as long as you use our Services, you consent to downloading and installing updates to our Services, including automatically.

  1. Fees and Taxes

You are responsible for all carrier data plan and other fees and taxes associated with your use of our Services. We may charge you for our Services, including applicable taxes. We may refuse or cancel orders. We do not provide refunds for our Services, except as required by law.

  1. Export Control

 You agree to comply with the export control laws and regulations of the United States and trade controls of other applicable countries, including without limitation the Export Administration Regulations of the U.S Department of Commerce, Bureau of Industry and Security and the embargo and trade sanction programs administered by the U.S. Department of Treasury, Office of Foreign Assets Control. You represent and warrant that you:

(a) are not a prohibited party identified on any government export exclusion lists);

(b) will not re-export or use the Services to transfer software, technology, or other technical data to prohibited parties or countries; and

 (c) will not use the Services for military, nuclear, missile, chemical or biological weaponry end uses or conduct any other activities involving the Services that violate the export and import laws of the U.S. or other applicable countries.

  1. Anti-Corruption Laws

 You agree to comply with all applicable anti-corruption laws including laws that prohibit unlawful payments to anyone for a corrupt purpose in relation to these Terms.

  1. Ownership and Reuse

Using the Services does not give you ownership of any intellectual or other property rights or interests in the Services or the content you access. You must not use any branding or logos used in the Services unless Mailshut has given you separate explicit written permission. You may not remove, obscure, or alter any legal notices displayed in or along with the Services. Unless you have explicit written permission, you must not reproduce, modify, rent, lease, sell, trade, distribute, transmit, broadcast, publicly perform, create derivative works based on, or exploit for any commercial purposes, any portion or use of, or access to, the Services (including content, advertisements, APIs, and software).

  1. Software License

 Subject to your continuing compliance with these Terms, Mailshut grants you a personal, royalty-free, non-transferable, non-assignable, revocable, and non-exclusive license to use the software and APIs provided to you by Mailshut as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Mailshut, in the manner permitted by these Terms and any additional terms or guidelines. You may not reverse engineer or attempt to extract the source code of our software, unless applicable laws prohibit those restrictions or you have our explicit written permission. Mailshut software may automatically download and install security or other updates without prior notification to you.

  1. Support.

Unless otherwise expressly stated, Mailshut does not promise to provide you with any support for the Services. If Mailshut does provide you with support, it is at Mailshut's sole discretion and does not mean that we will continue to provide you with support in the future.

  1. Fees

Mailshut reserves the right to charge fees for use of or access to the Services (and any associated support), whether currently in existence or not, in Mailshut's sole discretion. If Mailshut decides to charge fees, Mailshut’s payment terms will apply and Mailshut will provide you with prior notice.

  1. Different Versions of the Services

Different features may be available in different versions of the Services and not all features may be available in your country or region. Also, not all features may be available if the user that you are communicating with is using a different version of the Services, or is using third party software.

  1. Anti-Abuse Policy

Mailshut prohibits sending unsolicited emails or messages using the Services. You may not in connection with the Services engage in commercial activity on non-commercial properties or apps or high volume activity without Mailshut’s prior written consent. You may not engage in conduct or activity that is disruptive to the Services or the experience of other users.

ACCOUNT INFORMATION

You may need an account to use some Services. You must ensure that your account information (that is, the information you provided when you registered for or subscribed to a Service) remains current, complete, accurate and truthful. All Mailshut accounts are non-transferable, and any rights to them terminate upon the account holder’s death.

ACCESS TO YOUR ACCOUNT

 You are responsible for all activity that happens on or through your account. To protect your account, keep your password confidential. Do not reuse your account password with other services. Without prejudice to your statutory rights, if you forget your password and otherwise cannot validate your account to Mailshut, you acknowledge and agree that your account may be inaccessible to you and that all data associated with the account may not be retrievable.

NOTIFICATION

 Mailshut may provide you with notices, including service announcements and notices regarding changes to these Terms, by, but not limited to, email, regular mail, text message or SMS, MMS, push notification or in-app message, postings on the Services, telephone, or other reasonable means now known or hereafter developed. You consent to receive these notices by any and all of the foregoing means. You may not receive notices if you violate the Terms by accessing the Services in an unauthorized manner, and you will be deemed to have received any and all notices that would have been delivered had you accessed the Services in an authorized manner.

PRIVACY POLICY AND USER DATA

Mailshut cares about your privacy. Mailshut’s Privacy Policy describes our information (including message) practices, including the types of information we receive and collect from you and how we use and share this information. You agree to our data practices, including the collection, use, processing, and sharing of your information as described in our Privacy Policy, as well as the transfer and processing of your information to the Authority in The United States and other countries globally where we have or use facilities, service providers, or partners, regardless of where you use our Services. You acknowledge that the laws, regulations, and standards of the country in which your information is stored or processed may be different from those of your own country.

ACCEPTABLE USE OF OUR SERVICES

  1. Our Terms and Policies. You must use our Services according to our Terms and posted policies. If we disable your account for a violation of our Terms, you will not create another account without our permission.

  2. Legal and Acceptable Use. You must access and use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in ways that:

(a) violate, misappropriate, or infringe the rights of Mailshut, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights;

(b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially, or ethnically offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate, including promoting violent crimes;

(c) involve publishing falsehoods, misrepresentations, or misleading statements;

(d) impersonate someone; (e) involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialing, and the like; or

(f) involve any non-personal use of our Services unless otherwise authorized by us.

  1. Harm to Mailshut or Our Users. You must not (or assist others to) access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others, including that you must not directly or through automated means:

(a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services;

(b) send, store, or transmit viruses or other harmful computer code through or onto our Services;

(c) gain or attempt to gain unauthorized access to our Services or systems;

(d) interfere with or disrupt the integrity or performance of our Services;

(e) create accounts for our Services through unauthorized or automated means;

(f) collect the information of or about our users in any impermissible or unauthorized manner;

(g) sell, resell, rent, or charge for our Services; or

(h) distribute or make our Services available over a network where they could be used by multiple devices at the same time.

  1. Keeping Your Account Secure. You are responsible for keeping your device and your Mailshut account safe and secure, and you must notify us promptly of any unauthorized use or security breach of your account or our Services.

THIRD-PARTY SERVICES

Our Services may allow you to access, use, or interact with third-party websites, apps, content, and other products and services. For example, you may choose to use third-party data backup services (such as iCloud or Google Drive) that are integrated with our Services or interact with a share button on a third party’s website that enables you to send information to your Mailshut contacts. Please note that when you use third-party services, their own terms and privacy policies will govern your use of those services.

LICENSES

  1. Your Rights. Mailshut does not claim ownership of the information that you submit for your Mailshut account or through our Services. You must have the necessary rights to such information that you submit for your Mailshut account or through our Services and the right to grant the rights and licenses in our Terms.

  2. Mailshut’s Rights. We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks, domains, logos, trade dress, patents, and other intellectual property rights unless you have our express permission and except in accordance with our Brand Guidelines. You may use the trademarks of our affiliated companies only with their permission, including as authorized in any published brand guidelines.

  3. Your License to Mailshut. In order to operate and provide our Services, you grant Mailshut a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the information (including the content) that you upload, submit, store, send, or receive on or through our Services. The rights you grant in this license are for the limited purpose of operating and providing our Services (such as to allow us to display your profile picture and status message, transmit your messages, store your undelivered messages on our servers for up to 30 days as we try to deliver them, and otherwise as described in our Privacy Policy).

  4. Mailshut’s License to You. We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, subject to and in accordance with our Terms. This license is for the sole purpose of enabling you to use our Services, in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.

DISCLAIMERS

You use our services at your own risk and subject to the following disclaimers. We are providing our services on an “as is” basis without any express or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, and freedom from computer virus or other harmful code. We do not warrant that any information provided by us is accurate, complete, or useful, that our services will be operational, error free, secure, or safe, or that our services will function without disruptions, delays, or imperfections. We do not control, and are not responsible for, controlling how or when our users use our services or the features, services, and interfaces our services provide. We are not responsible for and are not obligated to control the actions or information (including content) of our users or other third parties. You release us, our subsidiaries, affiliates, and our and their directors, officers, employees, partners, and agents (together, the “Mailshut parties”) from any claim, complaint, cause of action, controversy, or dispute (together, “claim”) and damages, known and unknown, relating to, arising out of, or in any way connected with any such claim you have against any third parties. You waive any rights you may have or law of any jurisdiction, which says that: a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favour at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.

PAYMENTS

You may, from time to time, make payments to us or third parties as part of your use of Mailshut (including for the provision of Mailshut or provision of certain additional features within Mailshut). We may set out further terms applying to such payments (including in relation to refunds (if any), billing arrangements and any consequences of failing to make timely payments). You must comply with all such terms in relation to your payments to us. You agree that you are solely responsible for all fees and taxes associated with any such payments and that pricing and availability of Items and products are subject to change at any time.

We may from time to time make available payment methods to you for automatic, recurring or subscription-based charges. Where we do so, you agree that (subject to applicable laws and regulations):

  • ▪ Such payments are generally made by you on an advance basis. Unless the purchase was on a subscription basis, we will notify you prior to any automatic renewals;

  • ▪ you authorise us to: (a) save your chosen payment method's information (e.g. credit card information) on our systems; and (b) bill your chosen payment method for the relevant time-periods as chosen by or notified to you;

  • ▪ if any payment made via your chosen payment method is rejected, denied or returned unpaid for any reason: (a) we may not provide you with, or suspend our provision of, the relevant Mailshut product or service until payment is properly processed; and (b) you are liable to us for any fees, costs, expenses or other amounts we incur arising from such rejection, denial or return (and we may automatically charge you for such amounts); and

  • ▪ we will provide you with further instructions within Mailshut regarding how you may update or cancel the relevant payment method.

We may change any fees that we charge for Mailshut (or any parts of Mailshut) at any time upon publication within Mailshut. If you do not accept such change to the fees, we may be unable to provide Mailshut (or the relevant part of Mailshut) to you.

Subject to mandatory applicable laws and regulations or as otherwise specified by us in these terms or for a particular item or service within Mailshut, in no circumstances will we be required to provide a refund for any payments made by you to us in relation to any items or service within Mailshut (whether used or unused).

If you believe that we have charged you in error, and subject to applicable laws and regulations: (a) you must contact us within 30 days of the date of the relevant charge; and (b) no refunds will be given for any erroneous charges after such 30 days period. We may process payments from you in Mailshut via a third party service, and we may provide your relevant Information to such third parties to process your payments. You agree to comply with that relevant third party's terms and conditions in relation to the payment processing service, as further set out in the "Third Party Content and Services"

YOUR CONTENT

When you submit, upload, transmit or display any data, information, media or other content in connection with your use of Mailshut (“Your Content”), you understand and agree that:

  • ▪ you will continue to own and be responsible for Your Content;

  • ▪ we will not sell Your Content to any third party;

  • ▪ you are giving us and our affiliate companies a perpetual, non-exclusive, transferable, sub-licensable, royalty-free, worldwide licence to use Your Content (with no fees or charges payable by us to you) for the purposes of providing, promoting, developing and trying to improve Mailshut and our other services, including new services that we may provide in the future. All such use will, to the extent Your Content contains Personal Information, be in accordance with our Mailshut Privacy Policy. As part of this licence, we and our affiliate companies may, subject to the our Mailshut Privacy Policy, copy, reproduce, host, store, process, adapt, modify, translate, perform, distribute and publish Your Content worldwide in all media and by all distribution methods, including those that are developed in the future;

  • ▪ you grant other Mailshut users a non-exclusive licence to access and use Your Content within Mailshut, in accordance with these Terms and Mailshut's functionalities;

  • ▪ we may share Your Content with third parties that we work with to help provide, promote, develop and improve Mailshut in accordance with the Mailshut Privacy Policy;

  • ▪ we may use the name that you submit in connection with Your Content (whether that be your account name, real name or otherwise); and

  • ▪ you will comply with these Terms, including our Mailshut Acceptable Use Policy, in your submission of Your Content.

In addition, you agree that we and our affiliate companies (subject to these Terms, our Mailshut Privacy Policy and applicable laws and regulations):

  • ▪ are allowed to retain and continue to use Your Content after you stop using Mailshut;

  • ▪ may be required to retain or disclose Your Content: (a) in order to comply with applicable laws or regulations; (b) in order to comply with a court order, subpoena or other legal process; (c) in order to respond to a lawful request by a government authority, law enforcement agency or similar body (whether situated in your jurisdiction or elsewhere); or (d) where we believe it is reasonably necessary to comply with applicable laws or regulations, in each case whether such applicable law or regulation, legal process or government body is of your jurisdiction or elsewhere;

  • ▪ may be required to retain or disclose Your Content in order to enforce these Terms or to protect any rights, property or safety of ours, our affiliate companies or other users of Mailshut.

You understand that even if you seek to delete Your Content from Mailshut, it may as a technical and administrative matter take some time or not be possible to achieve this – for example, we may not be able to prevent any third party from storing or using any of Your Content that you have made public via Mailshut.

We reserve the right to block or remove Your Content for any reason, including as is in our opinion appropriate, as required by applicable laws and regulations or in accordance with the Copyright Policy.

RESPONSIBILITY FOR YOUR CONTENT

You are solely responsible for Your Content. We are not responsible for maintaining a backup of Your Content - we recommend that you keep a back-up copy of it at all times.

You must at all times ensure that: (a) you have the rights required to copy, process, transmit, access, publish, display and use Your Content, and to grant us and other third parties the rights as set out in these Terms; and (b) Your Content (and our use of Your Content in accordance with these Terms) does not infringe or violate any applicable laws or regulations or the rights of any person.

FEEDBACK

You agree that any recommendation, idea, proposal, suggestion, feedback or other input (“Feedback”) you submit to Mailshut related to its products, services, websites, apps, or technology may be used by Mailshut without any notice, obligation, restriction, reimbursement or compensation to you and you waive (or agree not to enforce) any and all rights that may now or in future exist (including moral and equivalent rights) in any Feedback.

FEE-BASED SERVICES AND BILLING

We offer products and subscriptions for a fee (“fee-based Services”). These fee-based Services are governed by the additional terms you agree to when you register for the fee-based Service and these Terms. If you register for a fee-based Service, you must designate a payment method and provide us with accurate billing and payment information and you have the continuing obligation to keep it up to date. Many fee-based Services require you to have, or register for Mailshut ID

ADVERTISING CONTENT ON MAILSHUT

Mailshut may include advertising or commercial content. You agree that: (a) we may integrate, display and otherwise communicate advertising or commercial content in Mailshut and that (where reasonably practicable) we will identify such advertising or commercial content; and (b) as explained in more detail in our Mailshut Privacy Policy, we may use targeted advertising to try to make advertising more relevant and valuable to you.

OUR INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in or to Mailshut and any Mailshut Software (including any future updates, upgrades and new versions to all such Mailshut Software), will continue to belong to us and our licensors. Except as expressly provided in these Terms, you have no right to use our intellectual property rights, including our trademarks or product names, logos, domain names or other distinctive brand features, without our prior written consent. Any comments or suggestions you may provide regarding Mailshut are entirely voluntary and we will be free to use these comments and suggestions at our discretion (including using such comments to improve existing services or create new services) without any payment or other obligation to you.

We grant you a limited, personal, non-exclusive, non-sublicensable, non-transferrable, royalty-free and revocable right to use Mailshut and any software from us as part of or in relation to your use of Mailshut (any such software being the "Mailshut Software"), solely in accordance with these Terms and subject to any other instructions as provided by us to you in relation to your use of Mailshut and/or the Mailshut Software from time to time. Please note that these terms may be supplemented by terms and conditions applicable to Mailshut Software (or specific features within Mailshut Software).

You may not copy, modify, create derivative works, reverse compile, reverse engineer or extract source codes from Mailshut Software, and you may not sell, distribute, redistribute or sublicense Mailshut or the Mailshut Software, except in each case to the extent that we may not prohibit you from doing so under applicable laws or regulations or you have our prior written consent to do so. Where applicable laws or regulations entitle you to reverse compile or extract source codes from Mailshut Software, you will first contact us to request the information you need.

We may from time to time provide updates to Mailshut Software. Such updates may occur automatically or manually. Please note that Mailshut Software may not operate properly or at all if upgrades or new versions are not installed by you. We do not guarantee that we will provide any updates for any Mailshut Software, or that such updates will continue to support your device or system. All updates to the Mailshut Software are part of the Mailshut Software and subject to these Terms, except as otherwise specified by us.

For the purposes of these Terms, “Mailshut Software” includes any items, content or features (the "Items") within the Mailshut Software – for example, Stickers, games or other downloadable items within Mailshut, and any content accessed or used by you within Mailshut. You must comply with any Additional Terms applicable to any such Items. We will notify you of any such additional terms and conditions within Mailshut. We may grant you a limited right to use these Items upon payment by you as applicable from time to time. You acknowledge that you do not own these Items and the amounts associated with such Items do not refer to any credit balance of real currency or the equivalent. We may eliminate these Items from Mailshut at any time, and we have no liability to you in the event that we exercise these rights.

We may in our discretion provide technical support for Mailshut (whether for free or for a fee). We provide technical support without any guarantee or warranty of any kind, and subject always to these Terms.

LIMITATION OF LIABILITY

The Mailshut parties will not be liable to you for any lost profits or consequential, special, punitive, indirect, or incidental damages relating to, arising out of, or in any way in connection with our terms, us, or our services, even if the Mailshut parties have been advised of the possibility of such damages. Our aggregate liability relating to, arising out of, or in any way in connection with our terms, us, or our services will not exceed the amount you have paid us in the past twelve months. The foregoing disclaimer of certain damages and limitation of liability will apply to the maximum extent permitted by applicable law. The laws of some states or jurisdictions may not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations set forth above may not apply to you. Notwithstanding anything to the contrary in our terms, in such cases, the liability of the Mailshut parties will be limited to the fullest extent permitted by applicable law.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Mailshut Parties from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of our Services, including information provided in connection therewith; (b) your breach or alleged breach of our Terms; or (c) any misrepresentation made by you. You will cooperate as fully as required by us in the defense or settlement of any Claim.

COPYRIGHT NOTICE

All of the information on this website, including images, text, audio, video, and other forms of content (including the information on this disclosure page) is Copyright © mailshut.com 2018 and may not be downloaded, reproduced, republished or otherwise copied without express written permission of Mailshut.

The Website and all of its Content and the selection and arrangement thereof, is protected as a compilation owned by Mailshut under the copyright laws of the United States and other countries. Mailshut may change the Website or delete any Content or features or services at any time, in any way, for any or no reason. Mailshut reserves all rights not expressly granted in and to the Website and the Content.

If you have any complaints with respect to the infringement of your copyright, kindly contact us at info@mailshut.com.

Where you believe that your intellectual property has been infringed upon on our website, please notify us by email. We expeditiously respond to all concerns regarding copyright infringements.
We request that you provide the following information along with your complaint:

  • ▪ A physical or electronic signature of the person authorized to act on behalf of the owner of the copyrighted work for the purposes of the complaint.

  • ▪ A proper description of the copyrighted work claimed to have been infringed.

  • ▪ A description of the location of the infringing material on our Website.

  • ▪ The address, telephone number or e-mail address of the complaining party.

  • ▪ A statement made by the complaining party that he has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or by law.

  • ▪ A statement deposed to under oath, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the copyright owner. Please note that this procedure is exclusively for notifying Mailshut that your copyrighted material has been infringed.

INFRINGEMENT OF RIGHTS

If you have an intellectual property rights-related complaint about any content posted in Mailshut, please follow the instructions set out in our Copyright Policy

AVAILABILITY OF OUR SERVICES

Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time. Events beyond our control may affect our Services, such as events in nature and other force majeure events.

TERMINATION

These Terms will apply to your use of Mailshut until your access to Mailshut is terminated by either you or us.

You may terminate your use of Mailshut, or any of the services accessible therein, at any time (including if we have told you about an upcoming change to all or part of Mailshut or these Terms which you do not agree to). If the terminated service is a paid service, we may deduct from any refund a reasonable proportion of such fee as compensation for the costs incurred by us in ending the relevant service.

We may suspend or terminate your access to your account or any or all of Mailshut:

  • ▪ if we undertake maintenance or support of Mailshut;

  • ▪ to make changes to Mailshut as notified by us to you;

  • ▪ if we reasonably believe that you have breached these Terms;

  • ▪ if your use of Mailshut creates risk for us or for other users of Mailshut, gives rise to a threat of potential third party claims against us or is potentially damaging to our reputation;

  • ▪ if you fail to use Mailshut for a prolonged period;

  • ▪ if such suspension or termination is required due to Applicable Laws; or

  • ▪ to the extent permitted by applicable laws and regulations, for any other reason in our sole and absolute discretion, and where reasonably practicable, we will give you advance notice of any suspension or termination.

If we suspend your access to any or all of Mailshut then, to the extent permitted by applicable laws and regulations in your jurisdiction: (a) you remain responsible for all fees accrued through the date of suspension (including where the fees were incurred before suspension date but performance of the relevant obligations were after the suspension date); and (b) you remain responsible for any applicable fees for any part of Mailshut to which you continue to have access.

If your access to Mailshut is terminated (in whole or in part) by you or us, you agree that: (a) all of your rights under these Terms will terminate; (b) you remain responsible for all fees accrued through the date of termination (including where the fees were incurred before termination date but performance of the relevant obligations were after the termination date); and (c) you will immediately permanently delete all copies of Mailshut Software to which the termination relates and you will immediately cease accessing and using any such Mailshut Software.

RETENTION AND BACK-UP OF YOUR CONTENT

Following termination of these Terms, we will only retain and use Your Content in accordance with these Terms and, to the extent Your Content includes Personal Information, the Mailshut Privacy Policy. Subject to the Mailshut Privacy Policy and applicable laws and regulations in your jurisdiction, where we suspend or terminate all or part of Mailshut, or where your access to Mailshut is terminated by you or us, we do not guarantee that we will be able to return any of Your Content back to you and we may permanently delete Your Content without notice to you at any time after termination. Please ensure that you regularly back up Your Content.

THIRD PARTY SOFTWARE AND CONNECTIVITY

You are solely responsible for any software (whether your own software or software supplied by third parties) used by you in connection with your use of Mailshut, including any third party software or services made available to you through Mailshut.

Please note that we are not responsible for and are not liable for any damages or losses arising from your use of the Third Party Software and we do not endorse, support or guarantee the quality, reliability or suitability of any Third Party Software. You must comply with any terms and conditions applicable to Third Party Software.

We do not provide any technical support for any Third Party Software. Please contact the relevant supplying third party for such technical support.

You will need an adequate internet connection in order to authenticate your Mailshut account or use Mailshut. You may also be required to activate certain functionalities within Mailshut in the manner described within Mailshut. You may not be able to use certain features within Mailshut if you do not comply with such requirements.

Please note that we are not responsible for any third party charges you incur (including any charges from your internet and telecommunication services providers) in relation to or arising from your use of Mailshut or Mailshut Software.

CHANGES

We may make changes to these Terms over time to reflect technical improvements and changes to Mailshut, to address a security threat and to comply with applicable laws and regulations, so please come back and review these Terms regularly.

By continuing to use Mailshut after we make any changes to these Terms, you are agreeing to be bound by the revised Terms.

CONTINUED USE OF THE SERVICES

You may stop using the Services at any time, but your continued use of or subscription to a Service after the effective date of any modifications to the Terms or the means that you agree to the Terms as modified

 

CHANGES TO MAILSHUT

As Mailshut and user experiences are constantly evolving, we may from time to time:

  • ▪ add, change or remove features or services from Mailshut (including in relation to whether a feature or service is free of charge or not); and/or

  • ▪ suspend, discontinue or terminate Mailshut altogether.

You agree that we may take any such actions at any time. Where we consider that any changes to Mailshut or any services or features accessible within Mailshut are reasonably material, we will notify you either by direct communication to you on this page or the relevant page for the relevant additional terms or policy, or other means, prior to such changes becoming effective.

OTHER

  • ▪ Unless a mutually executed agreement between you and us states otherwise, our Terms make up the entire agreement between you and us regarding Mailshut and our Services, and supersede any prior agreements.

  • ▪ We may ask you to agree to additional terms for certain of our Services in the future, which will govern to the extent there is a conflict between our Terms and such additional terms.

Our Services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our Services in any country.

  • ▪ Our Terms are written in English. Any translated version is provided solely for your convenience. To the extent any translated version of our Terms conflicts with the English version, the English version controls.

  • ▪ Any amendment to or waiver of our Terms requires our express consent.

  • ▪ We may amend or update these Terms. We will provide you notice of amendments to our Terms, as appropriate, and update the “Last Modified” date at the top of our Terms. Your continued use of our Services confirms your acceptance of our Terms, as amended. If you do not agree to our Terms, as amended, you must stop using our Services. Please review our Terms from time to time.

  • ▪ All of our rights and obligations under our Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner.

  • ▪ You will not transfer any of your rights or obligations under our Terms to anyone else without our prior written consent.

  • ▪ Nothing in our Terms will prevent us from complying with the law.

  • ▪ Except as contemplated herein, our Terms do not give any third-party beneficiary rights.

  • ▪ If we fail to enforce any of our Terms, it will not be considered a waiver.

  • ▪ If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from our Terms and shall not affect the validity and enforceability of the remaining provisions.

  • ▪ We reserve all rights not expressly granted by us to you. In certain jurisdictions, you may have legal rights as a consumer, and our Terms are not intended to limit such consumer legal rights that may not be waived by contract.

  • ▪ We always appreciate your feedback or other suggestions about Mailshut and our Services, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).

 

FURTHER INFORMATION

The website is operated by Mailshut. All feedback, comments, requests for technical support and other communications relating to the website should be directed to info@mailshut.com.