Terms of Use

MailBindr is a product owned and operated by Byteful GmbH.

These Terms of Use (“Terms”) govern the provision and use of the MailBindr email platform and the website under the domain www.mailbindr.app, including any subdomains (collectively, the "Services"). These Terms may be supplemented by special conditions, which precede these Terms.

 

1) Definitions

• “we”, “us”, and “our”: Byteful GmbH, with its registered office in Winterthur, Switzerland;
• The “Website”: the website under the domain www.mailbindr.app and all of its subdomains;
• The “Platform”: The MailBindr email creation web application offered by Byteful GmbH under the domain www.account.mailbindr.app  and all of its subdomains;
• “Services”: collectively the Website and the Platform;
• “you”, “your”: individuals (and the organization or legal entity they represent), who access the Services;

2) Agreement to these Terms of Use

By using the Services, you agree to be bound by these Terms. If you don’t agree to these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms.

3) Changes to the Terms or Services

We may modify the Terms at any time, at our sole discretion. If we do so, we will let you know either by posting the modified Terms on the Website or by email. If you continue to use the Services after such a change, you are indicating that you agree to the modified Terms.

4) Registration & User Accounts, User Responsibilities and Conduct

Eligibility criteria  —  You may only use the Services if you are old enough to consent (by yourself and not by a parent or guardian) to share your data under applicable law.

Registration  —  You must be a registered user to access the Platform. You represent and warrant that all registration information you provide is truthful, accurate, and complete, and that you will maintain the accuracy of such information. You are responsible for keeping your password secure. You will be solely responsible and liable for any activity that occurs on your account.

Use Restrictions  —  You shall not, and will ensure that your team members, employees, contractors, and other persons associated with your account (“Authorized Users”) do not, and will not encourage or assist third parties to:

• Copy, reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or underlying structure, ideas, know-how, or algorithms of any part of the Services;
• Modify or create derivatives of any part of the Services; Provide, sell, sublicense, lend, rent, or otherwise allow others to access or use the Services and/or commercialize the Services as well as their contents;
• Circumvent any technical limitations implemented by us and attempt to gain unauthorized access to any portion or feature of the Services or any other systems or networks connected to the Service;
• Use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Services;
• Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services;
• Use of malicious software, including viruses, Trojan Horses or other malware; Use of the Services to collect personally identifiable data;

5) Subscription Terms and Billing

Types of subscription plans  —  Access to the Platform is provided after successful registration for either a free account or an account with a paid subscription plan. Each account type offers different pricing and feature options and has varying usage limits. Your rights and obligations with respect to certain Services will be based in part on the pricing plan you choose.

Payment methods  —  When you purchase a paid subscription plan, you’ll provide us with valid credit card information and authorize us or our third-party payment processor to charge you against that card for the costs of the purchased subscription and any other possible owed fees (e.g. tax). You’ll replace the information for any card that expires with information for a valid one. If your card is automatically replaced with a new card by a payment processor, you acknowledge and agree that we’re authorized to deduct any charges on your account against the new card. You represent and warrant that you have the legal right to use all credit cards that you provide to us. If we’re unable to process your card order for any reason, we’ll try to contact you by email and may suspend your account until your payment can be processed.

Billing cycles  —  When you purchase a paid subscription plan, you agree to monthly recurring fees (including any applicable taxes and other charges) and you accept responsibility for all recurring payment obligations prior to cancellation of your subscription by you or us. We (or our third party payment processor) will automatically charge you the monthly fee of your purchased subscription plan, on the calendar day corresponding to the commencement of your subscription using the payment information you have provided. In the event your subscription begins on a day not contained in a later month, your payment method will be charged on the last day of the month. For example, if you started a monthly subscription on January 31st, your next payment date is likely to be February 28th.

Account upgrade or downgrade  —  You always have the option to upgrade to a higher tier at any time. When you upgrade your account, your monthly charge for the current billing cycle will be calculated based on the number of days in that billing cycle during which you were at the lower tier and the higher tier (prorated invoice). You will also have the option to downgrade to a lower tier at any time, but your downgrade will not be effective until the end of the current billing cycle, and you will be charged for that entire billing cycle at the higher tier. An account upgrade or downgrade doesn’t change the billing dates. If you wish to downgrade your account, please note that you may have to first delete data from your account (for example email templates) to conform to the lower tier limitations. 

Prices & Taxes  — The rates for all Services provided by us are listed at  www.mailbindr.app/pricing . Unless otherwise stated, all prices are exclusive of taxes, including for example value-added tax, levies, duties or other taxes of any kind. You agree to be responsible for filing and payment of any applicable tax associated with your subscription. If we were required to collect a tax and did not do so at the time of sale, we reserve the right to later charge you for the applicable tax. We may change our pricing and payment policies at any time. In the event such changes might have a monetary effect on you, we will notify you before the change will take effect.

Cancellation policy  —  Your subscription continues until canceled by you or us in accordance with these Terms. You may cancel your Subscription at any time but please note that such cancellation will only be effective at the end of the then-current Subscription billing cycle and you will be responsible for all subscription fees incurred during that period. To cancel your Subscription, you can either email us at or initiate a cancellation through your account settings within the Services.

Refund policy  —  You won’t be entitled to a refund from us under any circumstance, including:

• If your account is suspended because of violation of these Terms;
• If you did not use or partially used the Services, and/or forgot to cancel your plan, and/or if you canceled immediately after your credit card was charged for the new billing cycle. A refund will not be applied if you purchased a wrong plan (even by mistake), and/or decided to cancel your subscription after the purchase because of functionality.

We may however, at our sole discretion, offer a refund, discount or credit.

6) Intellectual Property

We claim no ownership or control over the content and data that are developed by you on the Services or uploaded to the Services by you (“User Content”).

You acknowledge and agree that we own all rights (ownership rights and intellectual property rights), title and interest in and to the Services, including in particular all content of the Website and the design, structure and code of the Website and the Platform. You agree that you will not copy, reproduce, alter, modify, or create derivative works from the Services, in whole or in part, for any purpose, commercial or otherwise.

You agree that we may make reasonable use of your name, logos, domain names and other distinctive brand features in presentations, marketing materials, and website listings for the purpose of advertising or publicizing your use of the Services. Such use shall be in accordance with any trademark guidelines you may have in place.

7) Privacy and Data Protection

Please read our on www.mailbindr.app/privacy to know more about how we process and protect personal data.

8) Support and Updates

Updates  —  We may update or otherwise modify the Platform at our sole discretion without prior notification. We will use our best endeavours to notify you of any updates.

Support —  Any maintenance and support provided by us will be provided on an “as is” basis without any warranty expressed or implied, subject to availability of staff, unless agreed in a separate contract between you and us.

9) Warranties and Disclaimers

We shall use commercially reasonable efforts consistent with prevailing industry standards to provide the Services in a professional manner that is free of defects. However we make no warranty that the Services will meet your requirements or be available on an uninterrupted or error-free basis.

The Services are provided “as is”, without warranty of any kind. In the event of any loss or corruption of any data associated with a Subscription, we will use commercially reasonable efforts to restore the lost or corrupted data from the latest relevant backup maintained by us.

10) Limitations of Liability 

We make no commitment to provide any services other than the Services stated in these Terms.

In no event shall we be liable under contract, tort, strict liability, negligence or any other legal theory with respect to the Services: i) for any lost profits or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, even if foreseeable, ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination), or iii) for any direct damages in excess of (in the aggregate) 100.00 CHF. 

In addition, in no event shall we be liable or responsible for any loss, damage or liability, including lost profits, loss of data, loss of reputation, service interruption or the cost of substitute services, arising directly or indirectly with your inability to access or otherwise use the Services (including, without limitation, any delays or interruptions due to electronic or mechanical equipment failures, data processing or software failures).

Unauthorized access or use  —  We are not responsible to you or any third party for unauthorized access to your customer data or for unauthorized use of the Services that is not solely caused by our failure to meet our security obligations as set in our Privacy Policy.

Third-Party Services  —  Our Platform may be used in conjunction with third-party services, for example external Email Senders. While we strive to provide a seamless user experience, we do not control, endorse, or assume responsibility for any such third-party services. We expressly disclaim all liability arising from your use of third-party services.

Force Majeure  —  We will not be liable for, or be considered to be in breach of or default under these Terms on account of, any delay or failure to perform as required by these Terms as a result of any cause or condition beyond our reasonable control, so long as we use commercially reasonable efforts to avoid or remove those causes of non-performance.

11) Indemnification 

You agree to indemnify us from and against any and all liabilities, costs, claims, damages, expenses and any other out-of-pocket costs (including all reasonable attorney’s fees and expenses), which we may incur or be liable for arising in any way in connection with your access to or use of the Services and your breach of the Terms.

12) Termination

Termination by you  —  You may cease use of the Services, you may cancel your subscription and terminate your account at any time.

Termination by us —  We reserve the right to terminate your access to and use of the Services, at our sole discretion, at any time and without notice or liability to you. If we decide to terminate your account you will receive termination notice. Provided that the termination is not due to your breach of these Terms, we will provide you a pro rata refund of pre-paid unused fees.

Data Access after Account Termination  —  In the event of termination, by you or by us, your account will be disabled and you may not be granted access to the Services, your account, or any User Content you created and uploaded through the Platform. We may remove or delete your User Content within a reasonable period of time after the termination or cancellation of your account. The following sections of these Terms shall survive expiration or termination:

• Billing cycles: Any unpaid amounts or other financial obligations accrued before termination remains due.
• Intellectual Property;
• Privacy and Data Protection;
• Limitation of Liability;
• Indemnification;
• Confidentiality;
• Final Provisions & Miscellaneous;

Inactive accounts  —  We reserve the right to terminate our Services if your account is inactive for 2 years or more. We reserve the right to permanently delete your account with all its data, including your content. In case we decide to delete your account,  you will receive several email notifications prior to the termination of your account. You will then be given at the minimum 30 days to export the data or reactivate your account before the account is permanently deleted.

13) Confidentiality

We (the “Discloser”) may disclose proprietary or non-public business, technical, financial, or other information (“Confidential Information”) to you (the “Recipient”). Our Confidential Information includes non-public information regarding features, functionality, and performance of the Services, including security related information. The Recipient will use the Discloser’s Confidential Information only for the purpose of evaluating whether or not to use (or continue to use) the Services. The Recipient will not disclose the Discloser’s Confidential Information to parties other than the Recipient’s employees, contractors, affiliates, agents, or professional advisors (“Representatives”) who need to know it and who have a legal obligation to keep it confidential.

14) Final provisions & Miscellaneous

Severability  —  If any provision of these Terms is found by in whole or in part to be invalid, illegal, or unenforceable, such provision shall be modified to the extent necessary to render it enforceable, or removed if no such modification is possible, and the remaining provisions of these Terms will continue in full force and effect. Any invalid or unenforceable provisions will be replaced with one that achieves as closely as possible the intent and commercial purpose of the original provision.

Governing Law  —  These Terms are governed by Swiss law. Competent for all disputes arising out of or in connection with these Terms are exclusively the ordinary courts at the registered Byteful GmbH's registered office.

Notices —  Any notices or other communications provided by uns under these Terms, including those regarding modifications to these Terms, will be given by us via e-mail or by posting to the Website.