1. Terms & Conditions
- The access and use of the website accessible through the domain name mailtag.io and its subdomains (“the Website”).
- The purchase for goods and services available on the Website.
- The installation of the MailTag extension and the enjoyment of the services derived thereof (“the MailTag Service”).
1.2. The person who accesses the Website or installs the MailTag extension is to be regarded as the MailTag User (“the User”) and it implies the full acceptance of these General Terms by the User. In the event of not agreeing with all or any of these General Terms, the User must leave the Website immediately and/or proceed to uninstall the MailTag extension from his browser.
1.3. By agreeing to these General Terms, the User warrants that:
- a) The User is of legal age and has read and understands the conditions set forth herein.
- b) In the event of purchasing any product and/or service, the User has the legal capacity to do so.
- c) The User assumes all obligations set forth herein.
1.4. The access and use of the Website and/or the MailTag extension by minors require the consent of their parents, guardians or legal authorized representatives. Such persons shall be held liable for the acts carried out by the minors under their custody. Parents may contact MailTag (hereby collectively referred to as “THE MAILTAG COMPANY”) to authorize minors.
1.5. THE MAILTAG COMPANY reserves the right to modify, at any time and without prior notice, the products and services offerings as well as any aspect of these General Terms. Notwithstanding the foregoing, the transactions made by the User prior to such modifications will be honored.
1.6. THE MAILTAG COMPANY may contract the service of a third party to record and monitor the versions of these General Terms. In such case, THE MAILTAG COMPANY and the User agree that the legal texts to govern their contractual relationship will be the ones in full force as of the date of purchase according to the third party entrusted with the task of recording the versions.
2. Ownership of the website and the Mailtag service
2.1. Owner: THE MAILTAG COMPANY, LLC “THE MAILTAG COMPANY”.
Registered Office: 510 East University Drive. Tempe, AZ. 85281
3. Access to the website
3.1. The access to the Website is free, except for the cost of connection through the telecommunications network supplied by the User’s provider.
4. Website and the Mailtag service code of conduct
4.1. The User agrees to use the Website and the MailTag Service in accordance with the law, moral principles and public order as well as the herein General Terms. The User shall refrain from using the Website or the MailTag Service for illegal activities or purposes that may be considered a criminal offense against third parties as well as violating any applicable law. The User agrees not to:
- a) Submit or disseminate content or information that is racist, xenophobic, pornographic, and supportive of terrorism or may infringe human rights.
- b) Submit or disseminate software (virus or malware) that may damage computer systems of the internet service provider, its providers or any other internet User.
- c) Disseminate, transmit or provide third parties with any type of information, element or content that constitutes unlawful or unfair advertising.
- d) Transmit unsolicited or unauthorized advertisements, advertising material, “spam”, “chain mails”, “pyramid schemes” or any other form of solicitation, except in those areas (such as commercial spaces) that are exclusively intended for these purposes.
- e) Submit or disseminate any false, ambiguous or inaccurate information or content that is deceptive to its recipients.
- f) Impersonate other Users of the Website and the MailTag Service.
- g) Disseminate, transmit or provide third parties with any type of information, element or content that may constitute a breach of intellectual property rights, patents, brands or copyrights, held by the owners of the Website and the MailTag Service or third parties.
- h) Disseminate, transmit or provide third parties with any type of information, element or content deemed to be a violation of privacy or data protection laws.
4.2. The User agrees to indemnify and hold harmless THE MAILTAG COMPANY against any complaint, fine, penalty or sanction arising from the User’s failure to comply with the aforementioned conditions of use. THE MAILTAG COMPANY reserves the right to claim compensation for damages incurred.
4.3. The access, the purchase and use of the products made available by THE MAILTAG COMPANY requires a computer or computer equipment as well as internet connection. Any expense in connection with such items is not included in the services described in the herein General Terms and shall be borne exclusively by the User.
4.4. THE MAILTAG COMPANY shall not be held responsible for the custody and use of the User’s password necessary to access the User’s email account; being such responsibility imposed on the User. THE MAILTAG COMPANY shall assume that any User accessing his email account using his password is the legit user of the service.
5. External content and services accessible through the website
5.1. The Website may contain links, directories and search engines that enable the User to access third party websites and portals (“Linked Sites”). In such case, THE MAILTAG COMPANY shall only be responsible for the content and services provided through the Linked Sites when it has effective knowledge of any unlawful activity and does not proceed to remove the link diligently. Should the User consider that a Linked Site contains unlawful or inappropriate content, he must inform THE MAILTAG COMPANY of such circumstance. In no case shall such communication impose on THE MAILTAG COMPANY an obligation to remove such link.
5.2. The inclusion of Linked Sites on the Website neither implies an agreement between THE MAILTAG COMPANY and the owners of the Linked Sites nor implies the recommendation or the endorsement of the Linked Sites and/or its content by THE MAILTAG COMPANY.
5.3. Unless otherwise stated on the Website, THE MAILTAG COMPANY is unaware of the content and services of the Linked Sites and, consequently, shall not be held liable for any damage caused to the User or third parties by the unlawfulness nature, quality, outdating, unavailability, error or futility of the Linked Sites.
6. Intellectual property
6.1. All content on the Website and the MailTag Service is owned by THE MAILTAG COMPANY or third parties, including, but not limited to, the texts, photographs, graphics, /images, icons, technology, software, links and any other audiovisual or sound content as well as its graphic design and source code. Under no circumstance shall the rights of exploitation contemplated in the intellectual property legislation in force of the aforementioned content be deemed to have been assigned to the User.
6.2. The trademarks, trade names or distinctive signs of any class displayed on the Website are owned by THE MAILTAG COMPANY or third parties. Under no circumstance shall their trademark rights be deemed to have been assigned to the User.
6.3. In regards to the MailTag extension, THE MAILTAG COMPANY only grants to the User a personal, worldwide, non-transferable, non-exclusive license for the duration of its term. After the termination of such term, not matter the cause, the User shall cease immediately using the MailTag extension and the MailTag Service.
6.4. The User is forbidden of, whether partially or fully, either copying, modifying, disassembling, taking any action to derive the source code, creating derivative works or reverse engineering the MailTag extension and/or the MailTag Service.
7. Responsible vulnerability disclosure policy
7.1. Any User interested in reporting security vulnerabilities to THE MAILTAG COMPANY must abide to the Responsible Vulnerability Disclosure Policy.
8. Purchase terms of the Mailtag basic for Google Chrome
8.1. Purchase Process.
- 8.1.2. In order to use the MailTag Service, the User must sign in to his Gmail or Google Inbox account by using a supported browser and install the MailTag extension in it.
- 8.1.3. The purchase process requires the User to identify himself by using Google’s authentication mechanisms (Oauth2) and to grant MailTag all the authorizations requested throughout the process. The service shall be purchased for the account involved in such process.
- 8.1.4. THE MAILTAG COMPANY shall keep an electronic receipt of the User’s purchase. Such receipt will not be available for the User.
9. Terms of purchase of the Mailtag service for Google Chrome
- 9.1.1. In order to use MailTag, the User must previously have installed MailTag Basic (See the purchase process for MailTag Basic in the above-mentioned sections).
- 9.1.2. Additionally, the purchase process of MailTag requires the User to introduce his credit or debit card number and any other information necessary to authorize the charges to such card.
10. Correction and identification of errors when entering data
10.1. Whenever the User does not fill out a required field, he will not be allowed to advance through the purchase process until such required field is filled out. A message will be displayed warning the User of such circumstance.
10.2. The User will be able, at any time, to modify and/or update his info as User of the MailTag Service by accessing the “Settings” section. The User can access this section by clicking on the access button to the MailTag settings on the left side of his Gmail or Google Inbox panel.
10.3. In the event of non-rectifiable errors during the purchase process (for example, the purchase is made for the wrong email account), the User may request within 10 business days the correction of such error by sending a communication at Legal@MailTag.io
11. Pricing and term of the Mailtag service
11.1. The pricing and the terms of the different MailTag Service subscription modalities are displayed on the screen prior to the purchase process when selecting a modality of subscription.
12.1. THE MAILTAG COMPANY shall refund the User the total amount paid in the event that User terminates the use of the MailTag Service within 30 days from its purchase.
14.1. In case of doubt regarding MailTag and the operation of the MailTag Service, the User may contact THE MAILTAG COMPANY by sending an email at Feedback@MailTag.io.
14.2. The User may also consult the issues raised at the MailTag Support Center accessible through the User dashboard.
15. Exclusion of liability
15.1. THE MAILTAG COMPANY can only be held liable for damages caused to the User in the event of proven fault by THE MAILTAG COMPANY. In all other cases, THE MAILTAG COMPANY (including its directors, officers, employees and members) shall not have any liability to the User in regards to any and all claims arising out of the MailTag Service and access to the Website. In this respect, THE MAILTAG COMPANY shall not be held liable for, including but not limited to, indirect damages; immaterial damages; expectation damages; loss of income, profits or goodwill and loss of data or use, regardless of whether THE MAILTAG COMPANY has been warned of the possibility of such loss or damages.
15.2. In any case, the User may not take any action against THE MAILTAG COMPANY once a year has elapsed since the event causing the loss or damage occurred.
15.3. THE MAILTAG COMPANY shall not assume any responsibility for the electronic communications that the User sends using the MailTag Service or for the consequences of any kind that the User may suffer from using the MailTag Service.
15.4. THE MAILTAG COMPANY shall not assume any responsibility for the malfunction of the MailTag Service or failure to the Internet network or the service provided by Google or any third party.
16.1. All notices, requests, demands, and other communications between THE MAILTAG COMPANY and the User in connection with the MailTag Service or the access to the Website shall be in writing and shall be deemed to have been duly delivered if sent by certified mail to the address which the parties have indicated to the other to that effect.
16.2. Notwithstanding the foregoing, notices sent to THE MAILTAG COMPANY shall be deemed to have been duly made when sent by means of email at Legal@MailTag.io
16.3. On the other hand, notices sent to the User shall be deemed to have been duly made when sent by means of email at the address associated with the User’s email account as of the start of the MailTag Service use or, if required, the one that the User had provided THE MAILTAG COMPANY with to that effect.
17.1. In the event that any provision of these General Terms were to be found, whether partially or fully, to be null or void, such invalidity shall only affect the provision or section considered to be void or unenforceable. The remaining provisions of these General Terms shall continue in full force. The invalid provision, whether partially or fully, shall be considered as not included in these General Terms.
18. Governing law and jurisdiction
18.1. These General Terms is entered into in Arizona and shall be governed by internal laws of the State of Arizona without reference to Arizona choice of law principles.
Subject to the mandatory binding arbitration provisions set forth above, only the Arizona courts (state and federal) shall have jurisdiction over controversies regarding this Agreement, and any proceeding involving such a controversy shall be brought only in those courts, in Maricopa County, and not elsewhere. Any process in such proceeding may be served by, among other methods, delivering it or mailing it, by registered or certified mail, directed to a party. Any such delivery or mail service shall have the same effect as personal service within the State of Arizona.
19. Limitation of remedies
19.1. No act or omission on the part of either party shall constitute a breach or default of this Agreement unless the offending party has been notified of such act or omission in writing and the offending party has not commenced to cure such default within ten (10) business days from its receipt of such written notice.
20.1. Limitations on liability. except for the express warranties made herein, the parties disclaim all warranties, express or implied, including any implied warranty of merchantability or fitness for a particular purpose. except for the indemnities set forth herein: (i) neither party will be liable to the other for indirect, consequential, special, punitive or exemplary damages or penalties arising from or related to this agreement; and (ii) neither party's aggregate liability for any cause of action arising from or related to this agreement will exceed $250,000.
21. Miscellaneous/Entire agreement
21.1. If any provision hereof shall be held by a court to be invalid or unenforceable, such finding shall not otherwise affect the validity of the other terms of this Agreement. This Agreement contains the parties' entire agreement, and supersedes any and all prior or contemporaneous agreements between the parties, whether oral or written, with respect to the subject matter hereof.