Welcome to ZappingMails

These Terms of Service (these “Terms”) explain how you can use the ZappingMails mobile apps, websites, services and software (collectively “ZappingMails”), provided by ZappingMails Inc. (“ZappingMails”, “we” or “our”) so please read these Terms before you get started. They apply to all visitors, users and others who access ZappingMails (“users”).

By using ZappingMails you agree to be bound by these Terms and to the collection and use of your information as spelled out in our Privacy Policy. If you are using ZappingMails on behalf of a group, company or organization, you agree to these Terms for that group or organization and represent that you have the authority to do so (in that case, “you” and “your” refers to that group or organization).

Using ZappingMails

ZappingMails is an Application and Cloud that help you manage your email account and calendar from your device. You can add your Gmail, Yahoo, AOL, iCloud, Outlook.com, Office365, Exchange and other mail accounts.

When signing up for ZappingMails, you agree to provide accurate information. You also understand that you are responsible for the activity in your ZappingMails and for safeguarding any passwords that you use. You are not allowed to access another user’s account without permission.

Lots of people rely on ZappingMails, and we trust you to use ZappingMails and our services responsibly – which means, for example, you agree not to interfere with ZappingMails or our services or try to access them using a method other than the interface and the instructions that we provide. You agree not to:

  • copy, distribute, or disclose any part of ZappingMails in any medium.
  • probe, scan, or test the vulnerability of any system or network.
  • breach or otherwise circumvent any security or authentication measures.
  • interfere with or disrupt any user, host, or network, for example: don’t send a virus, overload, spam, or mail-bomb any part of ZappingMails.
  • plant malware or otherwise use ZappingMails to distribute malware.
  • send unsolicited communications, promotions or advertisements, or spam.
  • send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”.
  • publish anything that is fraudulent, misleading, or infringes another’s rights.
  • impersonate or misrepresent your affiliation with any person or entity.
  • violate the law in any way, or to violate the privacy of others, or to defame others. (for example, sending illegal or defamatory emails with ZappingMails)

We may permanently or temporarily revoke or suspend your access to ZappingMails without notice and liability for any reason including your violation of these Terms. Upon termination for any reason or no reason, you continue to be bound by these Terms.

Legal Capacity, Children and Minors

If you are under the age of consent in your country to form a binding agreement, you should only use our ZappingMails if you are either an emancipated minor, or have the legal consent of your parent or guardian for your use of our ZappingMails. You should use ZappingMails only if you are fully able to understand and enter into and comply with these Terms. Use of ZappingMails by anyone under 13 is strictly prohibited. You may not access or use the ZappingMails for any purpose if either of the representations in this paragraph is not true.

Usage

ZappingMails allows you to connect your email account so we can check, process and deliver email on your behalf. By using ZappingMails, you allow ZappingMails to help manage content, information, emails, and attachments in those emails. By using ZappingMails, you give ZappingMails Inc. permission to hosting or sharing your data as you direct it to through ZappingMails. This includes receiving and sending emails. It also includes creating backups of your recent and deferred data to ensure it is safe and always accessible to you. By using ZappingMails, you give ZappingMails Inc the permissions needed to provide its Services to you through ZappingMails, including extending that permission to trusted third parties that help us to run ZappingMails (like Amazon AWS, which hosts our Cloud). This and other rare exceptions are outlined in our Privacy Policy, which explains exactly how ZappingMails Inc. collect and use your information generally.

Our Proprietary Rights

We retain our rights title and interest in ZappingMails, and all that makes up ZappingMails, including, without limitation, software, design, text, graphics, logos, patents, trademarks, service marks, copyrights (“our stuff”), and all intellectual property rights related to our stuff. Subject to these Terms, we give you a non-exclusive, limited, non-transferable, freely revocable license to use ZappingMails for your personal, non-commercial use only (aka you cannot re-sell ZappingMails). We reserve all rights not expressly granted in these Terms in ZappingMails and our stuff. These Terms do not provide you with any rights to use our trademarks, logos, domain names, or other brand features. Use of our stuff for any purpose not expressly permitted by these Terms is strictly prohibited.

You may choose to give us feedback or ideas about ZappingMails, including improvements (“ideas”). By submitting an idea, you agree that you are doing it out of the goodness of your heart and not for financial gain or other recognition. We are free to use the idea or share it with others, or we may use a similar idea, developed by our employees or obtained from another source.

User Data

You are responsible and liable for your data and what you otherwise copy, share, upload, download, attach, send, receive, record or otherwise use while using ZappingMails. You are responsible and liable for anything you copy, share, upload, download, attach, send, receive, record or otherwise do while using ZappingMails, and you represent that you have all necessary rights to use your data on or through ZappingMails.

We will respond to notices of alleged copyright infringement according to the process set out in the U.S. Digital Millennium Copyright Act. Such notices should be reported as outlined in our DMCA Policy. We reserve the right to suspend your account, delete or disable content alleged to be infringing and/or terminate the account of a repeat infringer.

Privacy and Security

Your privacy is extremely important to us – we care about the integrity and security of your personal information. You can have the full insight on how we collect, use, process, transfer, protect, retain and maintain personal information in our Privacy Policy, which is incorporated into these Terms of Service and form an integral part hereof.

Software from ZappingMails Inc: Some use of ZappingMails requires you to download a client software package (“Application”). To use the Application you must have a device that is compatible, so we cannot guarantee that the Application will work on your device. We grant you a limited, nonexclusive, nontransferable, revocable license to use the Application, solely to access ZappingMails. Your license to use the Application is automatically revoked if you violate these Terms. You may not copy, modify, distribute, sell, or lease any part of ZappingMails or included software, nor may you reverse engineer or attempt to extract the source code of that software (unless laws prohibit those restrictions or you have our written permission or delete the copyright and other proprietary rights notices on the app).

Software from Apple App Store: You acknowledge and agree these Terms are solely between you and ZappingMails Inc., not Apple, and that Apple has no responsibility for ZappingMails or the content sent or received using ZappingMails. Your use of ZappingMails must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support ZappingMails services. If ZappingMails fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of ZappingMails to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to ZappingMails, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to ZappingMails Inc. as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to ZappingMails or your possession and/or use of ZappingMails, including, but not limited to: (i) product liability claims; (ii) any claim that ZappingMails fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and any law applicable to ZappingMails Inc. as provider of the software. You acknowledge that, in the event of any third party claim that ZappingMails or your possession and use of ZappingMails infringes that third party’s intellectual property rights, ZappingMails Inc., not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You and ZappingMails Inc. acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as relates to your license of ZappingMails, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right to enforce these Terms as relates to your license of ZappingMails against you as a third party beneficiary of the software.

Software from Google Play: You acknowledge and agree these Terms are solely between you and ZappingMails Inc., not Google, and that Google has no responsibility for ZappingMails or the content sent or received using ZappingMails. Your use of ZappingMails must comply with the Google Play Terms of Service. You acknowledge that Google has no obligation whatsoever to furnish any maintenance and support ZappingMails services. If ZappingMails fails to conform to any applicable warranty, you may notify Google, and Google will refund the purchase price of ZappingMails to you; to the maximum extent permitted by applicable law, Google will have no other warranty obligation whatsoever with respect to ZappingMails, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to ZappingMails Inc. as provider of the software. You acknowledge that Google is not responsible for addressing any claims of you or any third party relating to ZappingMails or your possession and/or use of ZappingMails, including, but not limited to: (i) product liability claims; (ii) any claim that ZappingMails fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and any law applicable to ZappingMails Inc. as provider of the software. You acknowledge that, in the event of any third party claim that ZappingMails or your possession and use of ZappingMails infringes that third party’s intellectual property rights, ZappingMails Inc., not Google, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You and ZappingMails Inc. acknowledge and agree that Google, and Google’s subsidiaries, are third party beneficiaries of these Terms as relates to your license of ZappingMails, and that, upon your acceptance of the terms and conditions of these Terms, Google will have the right to enforce these Terms as relates to your license of ZappingMails against you as a third party beneficiary of the software.

Software from Amazon Appstore: You acknowledge and agree these Terms are solely between you and ZappingMails Inc., not Amazon, and that Amazon has no responsibility for ZappingMails or the content sent or received using ZappingMails. Your use of ZappingMails must comply with the Amazon Appstore Terms of Service. You acknowledge that Amazon has no obligation whatsoever to furnish any maintenance and support ZappingMails services. If ZappingMails fails to conform to any applicable warranty, you may notify Amazon, and Amazon will refund the purchase price of ZappingMails to you; to the maximum extent permitted by applicable law, Amazon will have no other warranty obligation whatsoever with respect to ZappingMails, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to ZappingMails Inc. as provider of the software. You acknowledge that Amazon is not responsible for addressing any claims of you or any third party relating to ZappingMails or your possession and/or use of ZappingMails, including, but not limited to: (i) product liability claims; (ii) any claim that ZappingMails fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and any law applicable to ZappingMails Inc. as provider of the software. You acknowledge that, in the event of any third party claim that ZappingMails or your possession and use of ZappingMails infringes that third party’s intellectual property rights, ZappingMails Inc., not Google, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You and ZappingMails Inc. acknowledge and agree that Amazon, and Amazon’s subsidiaries, are third party beneficiaries of these Terms as relates to your license of ZappingMails, and that, upon your acceptance of the terms and conditions of these Terms, Google will have the right to enforce these Terms as relates to your license of ZappingMails against you as a third party beneficiary of the software.

You further agree to abide by any third-party terms that apply when posting reviews of ZappingMails, including the Apple App Store Terms of Service and/or the Google Play Terms of Service and/or Amazon Appstore Terms of Service.

Updates: From time to time, we may issue upgraded versions of the Application. You agree that these Terms will apply to all such upgrades. Any third-party code that may be incorporated in the Application is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Application or a copy of the Application, and ZappingMails Inc. and our partners and suppliers retain all rights and interest in the app. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms, is void. We reserve all rights not expressly granted under these Terms.

Premium Features: While the standard Application and Services is free for use, additional data charges may apply through your mobile service provider. Additional fees may also apply for use of the premium features (“Premium Features”) or other aspects of our Services.

When you purchase the Premium Features or related Services from Google Play Store or Apple App store (“Stores”), including subscriptions and in-app purchases, the payment for such purchases may be processed either by third parties on our behalf, or directly by the Stores. When purchasing the Apps or related Services, including subscriptions and in-app purchases, you agree that these Premium Features will be available to you immediately.

Some of Premium Features may be available on a subscription basis. Subscriptions may be monthly or annually. Payments for such subscriptions would be charged at your account at the confirmation of the purchase. They may be processed by third parties acting on our behalf, or by the Stores. Subscription will automatically renew for the same price and duration period as the original subscription package chosen by you, unless you turn off the auto-renew: (i) in case of an Apple App Store, at least 24-hours before the end of the current subscription period, or (ii) in case of Google Play Store, at any time before the end of the subscription period. Your account will be charged for renewal within 24-hours prior to the end of the current subscription period (Apple), or at the end of the subscription period (Google) at the cost of the chosen package. You may manage subscriptions and turn off auto-renewal by going to the user’s account settings after the purchase. You can cancel the subscription at any time and the cancellation will take effect after the end of the last day of that subscription period.

Modifying and Terminating Service

We are constantly changing and improving ZappingMails. We may add or remove features, and while we will do our best to give you advance notice about any major changes, you understand that we may stop, suspend, or change ZappingMails at any time without prior notice. We may also remove content from ZappingMails at our discretion.

Miscellaneous Legal Terms

Below are some explicit definitions of legal terms.

Indemnity

You agree to defend, indemnify and hold harmless ZappingMails Inc. and its subsidiaries, agents, licensors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to ZappingMails, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your data or any that is submitted via your account; or (vi) any other party’s access and use of ZappingMails with your unique username, password or other appropriate security code.

No Warranty

ZappingMails is provided on an “as-is” and “as available” basis. Use of ZappingMails and the software is at your own risk. To the maximum extent permitted by applicable law, ZappingMails and the software is provided without warranties of any kind, whether expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, ZappingMails Inc. and its licensors, do not warrant that the content is accurate, reliable or correct; that ZappingMails or the software will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that ZappingMails or the software is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of ZappingMails is downloaded at your own risk and you will be solely responsibly for any damage to your computer system or mobile device or loss of data that results from such download or use of the service.

Limitation of Liability

To the maximum extent permitted by law, in no event will ZappingMails Inc., its affiliates, officers, employees, agents, suppliers or licensors be liable for (a) any indirect, special, incidental, punitive, exemplary or consequential (including loss of use, data, business, or profits) damages, regardless of legal theory, whether or not ZappingMails Inc. has been warned of the possibility of such damages, and even if a remedy fails of its essential purpose; (b) any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the greater of $20 or the mounts paid by you to ZappingMails Inc. for the past three months of the services in question. Some states do not allow the types of limitations in this paragraph, so they may not apply to you. ZappingMails is controlled and operated from facilities in the United States and other countries. ZappingMails Inc. makes no representations that ZappingMails is appropriate or available for use in other locations. Those who access or use ZappingMails from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations.

Notification Procedures and Changes to these Terms

ZappingMails Inc. may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by ZappingMails Inc. in our sole discretion. ZappingMails Inc. reserves the right to determine the form and means of providing notifications to our users, provided that you may opt out of certain means of notification as described in these Terms. ZappingMails Inc. is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. ZappingMails Inc. may, in its sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change the Terms in a material manner, we will update the ‘last modified’ date at the bottom of this page. Your continued use of ZappingMails after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) ZappingMails.

Governing Law

Governing Law: These Terms and the use of ZappingMails services and software will be governed by the law of the State of New York, NY, USA except for its conflicts of laws principles. You agree to submit to the exclusive personal jurisdiction of the federal and state courts located in New York City, NY, except for injunctive or other equitable relief which may be served in a court of competent jurisdiction as the case may be to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights.

Amicable dispute resolution: For any dispute with ZappingMails Inc., you agree to first contact us at support@zappingmails.com and attempt to resolve the dispute with us informally. In the unlikely event that ZappingMails Inc. has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any ZappingMails Inc. claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. The arbitration will be conducted in New York, NY, unless you and ZappingMails Inc. agree otherwise. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, intellectual property rights, or other proprietary rights. All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and ZappingMails Inc. are each waiving the right to a trial by jury or to participate in a class action.

These Terms constitute the entire and exclusive agreement between you and ZappingMails Inc with respect to ZappingMails, and supersede and replace any other agreements, terms and conditions applicable to ZappingMails. These Terms create no third party beneficiary rights. ZappingMails Inc.’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of these Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but may be assigned by ZappingMails Inc. without restriction. ZappingMails Inc. and you are not legal partners or agents; instead, our relationship is that of independent contractors.

Please contact us at support@zappingmails.com with any questions regarding these Terms.


Last Modified: April 1, 2022

© 2022 ZappingMails Inc.