Terms and Conditions
Please note that your use of and access to our services (defined below) and website(s) are subject to the following terms and; if you do not agree to all of the following, you may not use or access the services and website(s) in any manner.
Mailbutler offers a free service called “Mailbutler Essential”. Mailbutler reserves the right to require payment of fees for certain or all Services. Please refer to https://www.mailbutler.io/pricing/ for details on our pricing information. You shall pay all applicable fees, as described on the Website(s) in connection with such Services selected by you. All fees are non-refundable. Mailbutler reserves the right to change its price list and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the Website at least 30 days before the change is to take effect.
If you wish to purchase any Service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, Paypal information, your billing address, your email address, company name, VAT ID, and your shipping information. You represent and warrant that: you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that the information you supply to us is true, correct and complete. By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases. We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: Service availability, errors in the description or price of the Service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
The monthly or annual fee will be charged to you in advance. Service begins as soon as your initial payment is processed. You’ll be charged the rate stated at the time of purchase, every month or year, until you cancel. Because there’s no annual contract, your rate is subject to change, but we’ll always notify you beforehand. You may cancel your subscription at any time, no refunds will be granted for fees paid. Your service will continue until the end of that billing period.
Mailbutler Services are licensed, not sold. It is, and shall remain at all times, the absolute and unrestricted property of Mailbutler. Nothing in this Agreement shall prejudice, impair, jeopardise or otherwise adversely affect the rights of Mailbutler as sole and exclusive owner of the Services and Software. Your rights and obligations with respect to the use of the Services are as follows. You may: a. make one copy of the Software for archival purposes, or copy the Software onto the hard disk of your computer and retain the original for archival purposes; and b. use the Services in accordance with any additional permitted uses set forth below. You may not: a. sublicense, rent, or lease any portion of the Services; reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Services, or create derivative works from the Services; b. use the Services in any manner not authorized by this license; nor c. use the Software in any manner that contradicts any additional restrictions set forth below.
User-License: The Service is licensed to the Customer for their own use on up to two owned, rented or leased computers, provided that no more than one of those computers is in use at any one time and no other person will be making significant use of the software on those computers. OR The Service is licensed to a Customer. The Customer is permitted to lend the license to their nominated Client („Client“) to install on up to two owned, rented or leased computers, provided that no more than one of those computers is in use at any one time and no other person will be making significant use of the Service on those computers.
Upgraded versions of the software are announced in the Service. Upgrades may include additional features and/or bug fixes over previous releases. New software versions of Mailbutler for Apple Mail will be compatible with macOS Sierra (10.12.x), macOS High Sierra (10.13.x) and macOS Mojave (10.14.x). New software versions of Mailbutler for Gmail will be compatible with Chrome 73.x.
Permission for Processing
You represent and warrant that you won’t use the Data for cookie tracking, ad exchanges, data brokerages, or sending any electronic communications (including email) that would violate applicable law.
It also contains information how email recipients can stop email tracking. Note that linking to such policy in an email may not be sufficient under the data protection law applicable to you.
If third parties (e.g. mail recipients or public authorities) raise claims against Mailbutler or assert infringements of their rights, based on the allegation that the email tracking is unlawful, the following applies: You will immediately indemnify Mailbutler from such claims, support Mailbutler reasonably in their legal defense and indemnify Mailbutler from any costs for such defense (including reasonable attorney fees). The obligation to indemnify Mailbutler requires that Mailbutler informs you immediately in writing of any such claims made, do not make any acknowledgements or equivalent declarations and allow you – at your expense – to conduct all judicial and extrajudicial proceedings and/or negotiations regarding the claims, if and to the extent permissibly by applicable law. The indemnification obligation does not apply if you are a natural person who enters into this agreement for purposes, which predominantly can be attributed neither to your commercial nor your independent professional occupation (see section 13 of the German Civil Code) (“Consumer”).
We provide a free plan to let you fully evaluate the Services before you make a purchase decision. This provides the ability to completely test out the Services to ensure it is fit for purpose and understand the job the Service is designed to do. If you purchase the Services, after your payment has cleared you will receive an email with your invoice. Once this information is emailed to you, no refunds will be given. During your free plan, our support staff are available to assist in installation and configuration via email. We strongly recommend that all customers download, install, and test the free version of any Services prior to making a purchase. In rare instances and only within 30 days of purchase, if due to technical difficulties or incompatibilities the Services will not function, we may, at our discretion, issue a refund minus our order processing and banking fees (up to 25% of the purchase price). Mailbutler is not responsible for lost, delayed, or misdirected mail or email, delays for downloading, or other communication system delays. If a refund is given, the license plan for the purchase will be disabled.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
You agree that you will not use the Mailbutler Services for any purpose, related or otherwise that involves any illegal or unauthorised attempt to gain access to any computer system, any act of racism, vandalism, persecution, terrorism, general provoked or unprovoked aggression or war nor any other illegal, malicious or criminal activity. You will use the Mailbutler Services in accordance with applicable laws, rules and regulations. You are responsible for all of your activities that occur within, through or as a result of your use of the Mailbutler Services. You agree that you will not use the Mailbutler Services for unlawful purposes or to engage in any illegal, offensive, indecent or objectionable conduct, including violation of any third party privacy or other rights. Further, you may not modify, enhance, supplement, create any derivative work from, adapt, translate, reverse engineer, decompile, disassemble or otherwise reduce the Software to human readable form. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
Support is available online via the Mailbutler website and email. We guarantee that we will respond to the best of our ability, and as promptly as is reasonably possible, to all reasonable queries from paid plan users. We will respond, when possible, to all reasonable queries from free plan users, however priority will be given to paid plan users.
Anything you upload to your Mailbutler dashboard (for example: profile image “Avatar” or user name) might be freely accessible to anyone; do not upload any personal information that you want kept confidential.
A license can be transferred from the original licensee to a third party by advising Mailbutler of the transfer in writing. This transfer can occur only once and cannot be perpetuated. Upon transfer all obligations of the original licensee are terminated and transferred to the new owner. The original licensee will immediately cease using the Software.
If you fail to comply with any of the provisions contained herein, Mailbutler shall have the right to terminate this Agreement immediately without prior notice or legal proceeding. Mailbutler shall have the right to commence the appropriate legal proceeding in order to recover costs, losses and damages as a result of the failure to comply. Upon termination, you must immediately discontinue the use and redistribution of the Service. You’re free to stop using any Mailbutler Service. Account termination may result in deletion of any content associated with your account, so keep that in mind before you decide to terminate your account.
The examples described in this section are not exhaustive. If you violate the acceptable use or authorize or help others to do so, we may suspend or terminate your use of the Services.
- comply with all User Terms of Service, including the terms of this AUP;
- comply with all applicable laws and government regulations;
- upload and disseminate only Customer Data to which the Customer owns all required rights under law and under contractual and fiduciary relationships;
- use commercially reasonable efforts to prevent unauthorised access to or use of the Services;
- keep passwords and all other login information confidential;
- monitor and control all activity conducted through your account in connection with the Services;
- promptly notify us if you become aware of or reasonably suspect any illegal or unauthorised activity or a security breach involving your accounts or teams and comply in all respects with all applicable terms of the third-party applications, including any that the Customer elects to integrate with the Services that you access or subscribe to in connection with the Services.
- permit any third party that is not an Authorised User to access or use a username or password for the Services;
- share, transfer or otherwise provide access to an account designated for you to another person; use the Services to store or transmit any Customer Data that may infringe upon or misappropriate someone else’s trademark, copyright or other intellectual property, or that may be tortious or unlawful;
- attempt to reverse engineer, decompile, hack, disable, interfere with, disassemble, modify, copy, translate or disrupt the features, functionality, integrity or performance of the Services (including any mechanism used to restrict or control the functionality of the Services), any third-party use of the Services or any third-party data contained therein (except to the extent such restrictions are prohibited by applicable law);
- attempt to gain unauthorised access to the Services or related systems or networks or to defeat, avoid, bypass, remove, deactivate or otherwise circumvent any software protection or monitoring mechanisms of the Services;
- access the Services in order to build a similar or competitive product or service or copy any ideas, features, functions or graphics of the Services;
- abuse referrals or special offers to get more credit than deserved; sublicense, resell, share or similarly exploit the Services.
Authorized distributors and reseller
Mailbutler authorized distributors and resellers do not have the right to make modifications to this agreement or to make any additional representations, commitments, or warranties binding on Mailbutler or its licensors.
These Terms shall be governed and construed in accordance with the laws of country residence of Mailbutler, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We are constantly improving our Services, so these Terms may need to change along with the Services. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We reserve the right to change the Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. We will bring it to your attention by placing a notice on the Mailbutler website, and/or by sending you an email, and/or by some other means. What constitutes a material change will be determined at our sole discretion. If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
All efforts have been made to ensure that the Services are free from defects. The Services (including any and all accompanying services, manuals, files, data and materials) are distributed and provided „as is“ without any warranty whatsoever implied or otherwise.
We take the security of your data very seriously at Mailbutler and work hard behind the scenes to keep your data safe, secure, and private. As transparency is one of the principles on which our company is built, we aim to be as clear and open as we can about the way we handle security. Please refer to https://www.mailbutler.io/security-policy/ for details on our Security Policy.
You acknowledge that you have read this agreement, understand it, and agree to be bound by its terms and conditions.
Last Updated: 17th September, 2019