User Terms and Conditions (TOS)

1. INTRODUCTION


We aim to provide you with a content storage platform (“Emailmate.com”) to enable you to save your frequently used email contents, responses or any other email content for later use or re-use. This document provides the terms and conditions and all other policy or policies referenced in this document ("Emailmate Terms"). Please read these Terms carefully before using Emailmate. In case you fail to read the Emailmate Terms, you will not be excused from your contractual obligations arising from the Emailmate Terms. Please note that your use of Emailmate.com without reading the Emailmate Terms will be deemed as if you read and approve the Emailmate Terms.

If you don't agree to the Emailmate Terms, you must not download, install, or register for an Emailmate account.

2. DEFINITIONS


“Emailmate”, “We” “Us” and “Our” refer to person or entity operating Emailmate.
“You” “Your” or “User” means you, visitor or any user of Emailmate.com.
“User Content” refers to any content of question, answer or any content posted by any user under Emailmate Terms.
“Emailmate Services” include all or any services, contents, apps, information, text, images or any tools available on Emailmate.com for use under Emailmate Terms.
“Emailmate Content” refers to any information, programs, apps, image, graphics, text, tools, or any content uploaded or made available on Emailmate.com.
"User Account" refers to a virtual location on Emailmate.com used to store email or text content.

2. EMAILMATE SERVICES


You may use Emailmate.com and your User Account. Upon this, you may use our premium or freemium services. Our premium services offer you a wide variety of features. For details about the premium services and payment plan, you may visit the pricing page by logging in at https://app.emailmate.com.

The subscription fee specified is exclusive of any tax payment. You are solely liable to pay the applicable tax payment to the concerned authorities. If we are bound to collect any applicable tax payments from you, we may do so and pay that tax to the concerned authorities.

We provide you with Emailmate Services to store the email contents or responses or email templates you frequently need for later use ("Email Content"). Emailmate is not conventional email communication service provider or a repository for the deposit of valuable, proprietary and confidential information or trade secret. We don't represent and warrant that the content you saved on Emailmate.com is one hundred percent (100%) safe. Your content may be lost or unavailable temporarily or permanently. We strongly advise you not to store valuable information on Emailmate.com.

You are solely responsible to review Email Content before using or sending emails. We are not liable for any damage, loss, cost or expense arising from any change or missing content in your saved content.

4. USER ELIGIBILITY


To use Emailmate Services, you:
a. Must not be under the age of eighteen (18) years;
b. Must have a User Account;
c. Must have provided accurate, updated and current information when signing up;
c. Must not be in breach of any applicable laws or the Emailmate Terms during the course of using the Emailmate Services;
d. Must be in full compliance with the applicable law s, Terms, and any other policies referenced hereunder; and
e. Must not infringe any third party rights.

We may deny you Emailmate Services or remove or suspend your User Account if we have a reason to believe that you are in violation of any provision of the Emailmate Terms.

5. DELAY, INTERRUPTION, AND NON-AVAILABILITY:


At times, you may not be able to access Emailmate Services due to normal maintenance work or normal communication interruption. In case of the maintenance work, we will resume Emailmate Services as soon as the maintenance work is finished. We don’t control the internet service providers as they are independent third party providers. We recommend you to take reasonable precautions to avoid any inconvenience or failure to access Emailmate Services.

6. USER ACCOUNT


You may create your User Account and use the Emailmate Services as freemium or premium services. While signing-up, you must provide us with your current information including your name, email or social media account address, and your username. You are responsible to keep such information updated and complete.

Your information is received, collected, used, handled, shared and stored in accordance with our Privacy Policy. All of your activities while using Emailmate Services are tracked under your User Accounts. We recommend you of maintaining confidentiality of your login information such as your username and password. You must change your password if you suspect any unauthorized access to your User Account.

You cannot impersonate any other person by providing us with false information. Your failure to follow the foregoing provisions allows us to cancel your User Account in addition to pursuing any legal action under the applicable laws.

You understand and authorize Emailmate to communicate with you through the appropriate means regarding your use of Emailmate Services or any matter incidental thereto such as new offers, features, price changes and marketing communications. You hereby consent to receive such communication from Emailmate.

You may use your User Account on multiple computer systems under your possession for your personal use. You cannot sublet, sell or transfer your User Account to any person without our consent. We don't allow the use of Emailmate Services by any person who is current or potential competitor or acting on th behalf of such competitor to steal or copy the business ideas of Emailmate.

7. THIRD PARTY CONTENT


Emailmate Services may carry any content, ads, URLs or any representation owned and controlled by third party providers ("External Content"). We allow the posting of such External Content with the belief that you may be interested in such content. We don't control the External Content and own no liability for any loss, damage, expense or cost arising from your use of such External Content. Emailmate strongly advise you to take appropriate precautions before using the External Content or making reliance on that content. In addition, you are also requested to review the respective privacy policies before using the resources forming part of the External Content.

8. PRIVACY POLICY:


While you use Emailmate Services, we collect certain information about you which include your first and last name, email address, username, geolocation, payment method details (in case you subscribe to our premium services). We understand the importance of your information and handle your information in accordance with the current industry standards and applicable laws and regulations. Despite using advanced technology for the protection of your information, we cannot guarantee that your information is fully secured as internet based data is never considered 100% secure. We are not liable for any loss, damage, cost, expenses arising from accidental breach or unauthorized use of your information. We advise you to determine the potential risks before using Emailmate Services. For further details, please read our Privacy Policy.

9. USER CONTENT


User Content includes Email Content and user information you upload, store and submit through Emailmate Servicess including your username, information, graphics, images, text, feedback, review or conversation with any Emailmate Support.

You represent and warrant that you have full right, authority and ownership in and to your User Content. We don’t claim any ownership or proprietary rights in or to your User Content. By sharing your User Content with Emailmate, you grant Emailmate an irrevocable, sub-licensable, royalty-free, and world-wide license to process, edit, store, improve, convert to any other form your User Content for the purposes of providing you with Emailmate Services and any matter incidental thereto. You represent and warrant that your use of the User Content does not infringe any rights of any person or entity such as any privacy and intellectual property rights.

10. GRANT OF LICENSE TO USER CONTENT


If upload your User Content on Emailmate.com, your act shall be considered that you are granting us a world-wide, royalty-free, irrevocable, perpetual, sub-licensable, transferable, non-exclusive license to use, edit, modify, convert, reproduce, post, distribute, publish, store, display, organize, categorize and improve your User Content, and create derivative works based on that content in any form and through media, for the provision of Emailmate Services to you, provided that we don't allow your User Content to be used by other Users.

We may allow third party content i.e. External Content to run on Emailmate.com, and you agree to waive any rights you may have under any applicable law against us for being exposed to or victim of any External Content if any of that content proves to be harmful.

11. OUR INTELLECTUAL PROPERTY RIGHTS


Emailmate.com and Emailmate Services, including, but not limited to, content, images, graphics, text, information, applications, method, tools, files, design, programs or inventions available on Emailmate.com constitutes our intellectual property and is ownership of Emailmate (“Emailmate IP”). To the extent provided hereunder, no part of Emailmate IP can be used, sold, leased, duplicated, reproduced, copied, transferred, transmitted, or distributed, in any manner, used in making of derivative work based on Emailmate IP.

We grant you a non-exclusive, specific, revocable, limited, non-sublicensable, non-transferable and provisional license to download, and use any content or Emailmate Services for the purposes contemplated hereunder.

We have developed, produced, created, and designed all parts of Emailmate IP by the developers hired by us on work-made-for-hire basis. If you have sufficient proof that any part of Emailmate IP violates the copyrights you own, claim or licensed, you must promptly notify us of such fact with proof. If you fail to produce any reasonable proof, we reserve the right to demand compensation and costs we may have to incur for your false claim.

12. DISCLAIMER


We are in no shape or form a content portal, repository or email communication network, but a technology company which provides you with a platform to create your User Account and save your Email Content or text. The Emailmate does not review Email Content at the time you download. You are strongly recommended to review Email Content before you use it. We are not liable for your act or omission with reference to your use of Email Content or Emailmate Services. You are advised to use appropriate precautions prior to the use of Emailmate Services.

Any content on Emailmate Services are for general reference only, and constitutes no expert or professional advice, or knowledge. Emailmate Services may contain errors, mistakes, typos, omissions, bugs, or inaccuracies, or may be old, outdated, interrupted, unreliable or incomplete, and we are not liable for any loss, expenses, costs, damage, harm or loss caused by the use of Emailmate Services.

We do not recommend or otherwise endorse that External Content are appropriate for any specific uses or purposes.

Unless otherwise stated and in addition to anything disclaimed under Emailmate Terms, we are not liable for any act, omission, impersonation, misrepresentation, false information, and deception by any person or entity who posts such External Content.

13. LIMITATION OF LIABILITY


Notwithstanding anything provided hereunder, we are not a content portal, confidential information repository, but a technology company which provides this Email Content storage facility for the purposes contemplated hereunder.

Subject to Emailmate Terms, you understand that you are using Emailmate Services at your own risk. To the extent permitted by the applicable law, Emailmate Services are provided on “as-is” and “as-available” basis. Emailmate doesn't guarantee any accuracy, usefulness, timeliness, completeness, reliability and perfection of any or all features of Emailmate Services.

To the maximum extent permitted by the applicable laws, we are not liable for any loss, cost and expenses in connection with;

a. The results you obtain from the use of Emailmate Services;
b. Your acts or omission you made in reliance upon information or representation on Emailmate Services.

Emailmate doesn't guarantee that Emailmate Services don't contain defects, viruses, malicious or harmful files or scripts, Trojan horses, worms or any harmful components and programs that may affect your computer system while using Emailmate Services, and Emailmate owns no liability to that effect.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, EMAILMATE IS NOT LIABLE FOR ANY DIRECT OR INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXAMPLARY LOSS, DAMAGES, EXPENSES, OR COSTS IN ANY FORM CAUSED TO YOU WHILE USING EMAILMATE SERVICES.

IF YOU ARE USING OUR FREEMIUM SERVICES, OUR MAXIMUM AGGREGATE LIABILITY WILL NOT EXCEED ZERO-DOLLAR. THE ONLY REMEDY AVAILABLE TO YOU FOR YOUR NON-SATISFACTION WITH EMAILMATE SERVICES IS THAT YOU STOP EMAILMATE SERVICES.

IF YOU ARE USING OUR PAID SERVICES, OUR MAXIMUM AGGREGATE LIABILITY WILL NOT EXCEED THE SUBSCRIPTION FEE. THE ONLY REMEDY AVAILABLE TO YOU FOR YOUR NON-SATISFACTION WITH EMAILMATE SERVICES IS TO UNSUBSCRIBE TO EMAILMATE SERVICES.

14. INDEMNIFICATION


You agree to defend, indemnify and hold Emailmate and Emailmate's directors, staff members, contractors, providers, and affiliates harmless from and against any or all suits, claims, actions, losses, damages, losses, expenses, and costs, including reasonable attorneys’ fees arising from (a) the breach of Emailmate Terms; (b) any infringement of third party rights; (c) any dispute between you and any third party.

15. PROHIBITED USES AND CONTENT


You must also not use Emailmate Services intending to:

• cause injury, harm, loss, damage or distress to any person;
• abet the commission of an offense.

Your User Content must not form part of any unlawful content, virus, malicious content or files or any information which may be used for the commission of offense.

You represent and warrant that:

(i) your User Content and your use of Emailmate Services do not violate any law or infringe any third party rights;
(ii) Your User Content is posted for the purposes contemplated hereunder; and
(iii) Your User Content does not consist of any content expressly prohibited to post under the Emailmate Terms.

You shall solely be liable for your use of Emailmate Services, your User Content and any act or omission while using Emailmate Services.

You understand and acknowledge that Emailmate Services may carry certain risks, harms, virus or any malicious files.

In no case you can rent, sell, transfer, copy, modify, reproduce or prepare derivative work based on Emailmate Services.

We request you to use Emailmate Services only to the extent permitted and contemplated under Emailmate Terms. Please observe provisions strictly.

You must not:

i. misuse, overburden, slow down or/and interrupt Emailmate Services;
ii. introduce viruses, Trojan horses, malware, worms, harmful files, scripts or programs, logic bombs or other malicious components;
iii. gain or attempt to gain access Emailmate Services in the manner not contemplated, permitted or intended by Emailmate;
iv. affect Emailmate Services by a denial-of-service attack or distributed denial-of-service attack; v. engage in, commit criminal act, frauds, deception using Emailmate Services.

A breach of the above terms shall constitute an illegal act under applicable law. We may report such acts to the concern authorities depending on the intensity and will co-operate with them in full whether we are so requested or not, and may disclose your identity in such case to the authorities. In addition to the foregoing, we may claim any appropriate compensation and remedies that we may be entitled to under any applicable law.

16. MODIFICATIONS AND TERMINATION:


We reserve the right to:

a. Make any amendments, modification, alteration, changes in Emailmate Terms and Privacy Policy by serving a prior notice to our current users;
b. Add, modify, update, improve or replace Emailmate Service features without prior notice;

Your continued use of Emailmate Services subsequent to amendments and changes provided in clause "a" and "b" will constitute your valid consent to such amendments and changes. If you don't approve any or all part of the amendments in Emailmate Terms, we request you to stop using Emailmate Services.

We may terminate or suspend Emailmate Services and your User Account at any time if our system is subject to the maintenance work or you are in breach of Emailmate Terms. If your access is terminated, you will no longer be able to use Emailmate Services. If your access is terminated, we have no liability owed to you unless you are entitled to any refunds of any part of the subscription fee.

We own absolutely no liability for any losses, expenses, and costs resulting from your inability to access Emailmate Services. No preceding provisions shall be implemented if any part thereof is not legal under any applicable laws.

17. MISCELLANEOUS TERMS


Assignment:

You shall not assign any right or liability you have under Emailmate Terms to any other person or entity. You agree that EmailMage may, as the case may be, transfer, sell, lease or assign any rights or liability to any party without your consent; provided that we will hold the transferee or assignee liable by a valid agreement to ensure that transfer or assignment does not prejudice your interests.

Governing law and Dispute Resolution:

Emailmate Terms shall be governed by the applicable laws of the State of California. Any dispute arising from Emailmate Terms shall be resolved by binding arbitration appointed with the consent of the parties under the rules of American Arbitration Association (AAA)). The venue of the arbitration shall be the city of Ventura, CA. The award of the arbitration shall be in person and shall be conclusive under the applicable laws.

Unless the breach constitute an offense, the breaching party will be given a seven (7) day period to make good the losses caused by such breach. Failure to compensate the loss will entitle the innocent party to file dispute with the arbitration.

Events of Force Majeure:

Emailmate shall not be liable for any breach caused by an event of Force Majeure including, but not limited to, lockouts, power outage, floods, hurricanes, strikes, accidents, an act of God, disasters, natural calamity, disturbances, law and order situations, riots, or any criminal act such as cyber crime, data theft, hacking or transmission and distribution of any virus or any harmful programs.

Severability:

If any provision of Emailmate Terms or the part thereof is held by a competent authority to be void, unenforceable, illegal or contrary to the law, that provision shall be severed and removed from Emailmate Terms and shall not form part of these terms without affecting validity, enforceability or legality of the remainder of the Emailmate Terms.

No Waiver:

No right shall be considered to be waived merely on the ground that such right is not specifically claimed hereunder unless such waiver is in written form and signed by Emailmate.

No delay or omission by Emailmate in exercising or claiming any right or availing remedy shall constitute a waiver of those rights or remedies. One time waiver of any right shall not be considered to be a waiver on any subsequent breach.

Headings and numbers:

Headings and numbers used in Emailmate Terms are for reference purposes only and don't interpret or add any provision of the Terms, unless such number is to define any right or liability or procedure.

Entirety of agreement:
Emailmate Terms and Privacy Policy constitute an entire and single agreement between you and Emailmate unless specifically agreed in writing. All prior or contemporary understandings and representations shall cease to exist or superseded by Emailmate Terms.

18. NOTICE


All communications, notices, notifications, queries and correspondence will be made to the following email address: info@emailmate.com

Last updated on: July 20, 2018

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