Terms & Conditions

Welcome to Mailsight and our website at www.mailsight.io. These Terms and Conditions (the “Terms”) constitute a legal agreement between you and Mailsight governing the use of our website. These Terms are not governing your use of Mailsight, for further information on the terms on which we make Mailsight available to you, please refer to our Terms of Service.

ABOUT US

1. We are Mailsight of St. Gallen, Switzerland (“Mailsight“, “we”, “us”, or “our”).
2. To contact us, please email email [email protected], use our Contact Form, or write to us at the above address.

GENERAL TERMS

1. The provisions set out in these Terms govern your access to and your use of our website and shall constitute a legally binding agreement between you and us. We may change such terms from time to time and shall notify you accordingly if we do. If you do not agree to such terms, you must not use our website.
2. Subject to you agreeing to abide by these Terms, we hereby grant to you a revocable, non-exclusive and non-transferable license to use our website on these Terms.
3. We reserve the right to, without any notice, explanation or liability and in our sole discretion, refuse to allow you or suspend your access to our website or your Account at any time, or remove or edit content (including content submitted by you) on our website or on any of our affiliated websites (including social media pages).
4. We reserve the right to change, modify, suspend or discontinue any portion of the Services, our website or any other products, services, affiliated websites (including social media pages) and/or other software provided by us in connection with any of the foregoing at any time. You agree that access to or operation of any of the foregoing may from time to time be interrupted or encounter technical difficulties.
5. The following additional terms also apply and form part of these Terms:
  1. Our Privacy Policy
  2. Our Cookie Policy
  3. Our Data Processing Addendum
  4. Our Terms of Service

YOUR ACCOUNT

1. By registering for an Account, which involves providing us with certain mandatory and voluntary information as required for a successful registration and using our website, you agree and acknowledge that:
  1. you are at least 18 years of age and not a minor in your country of residence or have verifiable parental consent to use our services;
  2. you have read the terms set out in these Terms and agree to be bound by and comply with them; and
  3. you shall ensure that all Users of your Account abide by these Terms.
2. You are responsible for maintaining the confidentiality of your Account and you are responsible for all activities that occur under your Account. You agree that all actions carried out by any person through your Account shall be deemed to be an act carried out by you, and you shall ensure that all persons who have access to and use your Account are authorized to do so. We are not responsible for any loss, damage or liabilities arising as a result of or in connection with the wrongful, fraudulent or illegal use of your Account.

UPLOADING CONTENT

1. You irrevocably and unconditionally represent and warrant that any of your content uploaded to our website complies with our Privacy Policy, and any other applicable laws.
2. You are fully responsible for your content uploaded to our website. We will not be responsible, or liable to any third party, for:
  1. the content or accuracy of any content or data uploaded by you, by us on your behalf, or any other user of our website; or
  2. the loss of any content or data provided to us by you. You should keep a record of all such content and data.
3. We will only use the content uploaded by you for the purposes of carrying out our obligations in this Agreement and any other purpose expressly set out in this Agreement or otherwise agreed between us. We will not otherwise disclose or distribute the content uploaded by you, save for when required by law, a court of competent jurisdiction or any governmental or regulatory authority.
4. We have the right to disclose your identity to any third party claiming that any content posted or uploaded by you to our website constitutes a violation of their rights under applicable law.

PROHIBITED USES

1. You may use our website only for lawful purposes. You may not use our website:
  1. in any way that breaches any applicable local or international laws or regulations;
  2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  3. to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out in our prevailing terms and conditions as amended from time to time; and
  4. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
2. You also agree:
  1. not to reproduce, duplicate, copy or re-sell any part of our website in contravention of the provisions of our Terms; and
  2. not to access without authority, interfere with, damage or disrupt:
  3. any part of our website and Services;
  4. any equipment or network on which our website is stored;
  5. any software used in the provision of our website; or
  6. any equipment or network or software owned or used by any third party.

INTELLECTUAL PROPERTY RIGHTS

1. You acknowledge that all intellectual property rights in our website and Services anywhere in the world belong to us, that rights in our website and Services are licensed (not sold) to you, and that you have no rights in, or to, our website and Services other than the right to use them in accordance with these Terms.
2. Any intellectual property rights in content uploaded by you to our website and Services shall continue to belong to you or their respective owners. You agree that you grant us a royalty-free and non-exclusive license to use, reproduce, publish and display such intellectual property rights for the purposes of performing the services, promotional purposes, internal administrative purposes and any other purposes set out in these Terms, including for the purpose of improving the Services and our responses to users of the website.
3. You acknowledge that you have no right to have access to our website in source code form.

USE OF COPYRIGHT

1. For purposes of this Agreement, references to copyright or marks include all trade and images and logos owned by Mailsight. Mailsight’s copyright, images and logos represent intellectual property rights owned by Mailsight and as such are valued assets of Mailsight.
2. Any licensed use by you of a Mailsight copyright must be authorized by us and requires proper acknowledgement and strict compliance with our requirements. Requests for a copyright license may be submitted to us using [email protected].
3. By using any Mailsight copyright, you are acknowledging that Mailsight is the sole owner of the copyright and agreeing not to interfere with Mailsight’s rights in the copyright, including challenging our use, registration of, or application to register such copyright.
4. You agree that you will not harm, misuse, or bring into disrepute any Mailsight copyright and that the goodwill, if any, derived from your use of any Mailsight copyright exclusively inures to the benefit of and belongs to us.
5. You may not use any Mailsight copyright in meta-tags, search fields, hidden text, or any other form that has the purpose or effect of diverting or confusing consumers without our prior written permission.
6. Other product names or copyrights, including those appearing on Mailsight, that are not owned by us are for identification purposes only and may be the registered or unregistered copyright of their respective owners. No license or right is granted by us by implication, estoppel or otherwise to any such third-party names or copyright or to the Mailsight copyright hereby.

WARRANTIES

1. While we make all efforts to maintain the accuracy of the information on our website, we provide the Services, website and all Related Content on an “as is” and “as available” basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of any of the foregoing, unless otherwise specified in writing.
2. Mailsight makes no representations about the suitability, reliability, timeliness, comprehensiveness and accuracy of the information, services and other content contained on our website.
3. Mailsight cannot guarantee that the content and information and the provision of the content of our website will always be correct or fault, error and virus free.
4. Mailsight does not accept liability for incorrect content or errors and omissions in content and information on our website or its content (whether of legal, typographical, technical, or other nature).
5. To the full extent permissible by law, we disclaim all warranties, express or implied, relating to our website or any Services, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Services, our website, the Related Content, or electronic communications sent by us are free of viruses or other harmful components.

LIMITATION OF LIABILITY

1. We are not liable for the completeness, accuracy or correctness of any content and information and any Related Content. You expressly agree that your use of the Services and our website, including reliance on any content and information, is at your sole risk.
2. You agree not to use the Services, our website and the Related Content for any resale purposes, and we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms (including but not limited to the use of, or inability to use, the Services, our website or any other website or software) for:
  1. loss of profits, sales, business, or revenue;
  2. business interruption;
  3. loss of anticipated savings;
  4. loss or corruption of data or information;
  5. loss of business opportunity, goodwill or reputation; or
  6. any other indirect or consequential loss or damage.
3. Nothing in these Terms shall limit or exclude our liability for:
  1. death or personal injury resulting from our negligence;
  2. fraud; and/or
  3. any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability.
4. These Terms set out the full extent of our obligations and liabilities in respect of the supply of the Services and our website. Except as expressly stated in these Terms, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Services and our website which might otherwise be implied into, or incorporated in, these Terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.

INDEMNITY

You agree to indemnify and hold us, and our respective directors, officers, employees, agents and representatives, independent contractors, licensees, successors and assigns harmless from and against all claims, losses, expenses, damages and costs (including but not limited to direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees, resulting from or arising out of your act, default or omission, whether in your use of our website, Services, and/or any websites or software in relation thereto or otherwise, and whether in respect of your breach of these Terms or any laws or regulations or otherwise.

OTHER IMPORTANT TERMS

1. We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or obligations under these Terms.
2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
3. No joint venture, partnership or agency or employment relationship has arisen by reason of these Terms.
4. These Terms and any document expressly referred to in it constitutes the entire agreement between us regarding their subject matter, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to that subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms or any document expressly referred to in it.
5. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
6. All notices, requests, claims, demands and other communications regarding this Policy are welcomed and should be addressed to [email protected].
7. Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
8. These Terms, its subject matter and its formation, and any other disputes or claims in connection therewith, are governed by the law of Switzerland. In the event of any such disputes or claims in connection with these Terms, you agree to first engage in good faith discussions with us to resolve such dispute or claim. If such dispute or claim is not resolved within sixty (60) days, we both irrevocably submit to the exclusive jurisdiction of the courts of Switzerland.

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