QuickMail Terms & Conditions
Effective 12th July 2019
These QuickMail Service Terms (these “Terms”) explain the relationship between HCG Partners GmbH (“QuickMail”, “we” or “us”) and you when you (i) access and use quickmail.com and its related domains (together, the “Site”) and/or (ii) download, install, use and in some cases purchase QuickMail’s proprietary email software applications (including all related documentation, updates and upgrades) and any other services offered through the Site (the “QuickMail Services”).
These Terms govern visitors’ access to and use of the public & private areas of the Site, as well as access to and use of the QuickMail Services. Unless otherwise indicated, “QuickMail Services” as used throughout these Terms includes the public & private areas and the QuickMail Services. For the purposes of these Terms, “you” or “your” refers to you as a visitor to or registered user of the QuickMail Services.
1. License Grant. The QuickMail Services are owned by QuickMail and are licensed, not sold, to you. We grant to you a personal, nonexclusive, nontransferable, limited license (without the right to sublicense) to access and use the Site and to access, download, install and use the QuickMail Services subject to the limitations set forth in these Terms, any relevant purchase order or ordering document related to the QuickMail Services (“Order Form”) and any and all other terms and policies set forth in the QuickMail Services. You acknowledge that the source code for the QuickMail Services and other trade secrets embodied in the QuickMail Services have not been and will not be licensed or otherwise disclosed to you. All rights not expressly granted herein are reserved by QuickMail.
2. Use of QuickMail Services.
2.1 Registration: Unless you are visiting only the public areas of the Site, you are required to register and create an account to use the QuickMail Services (“Account”). You agree that you will maintain and update your registration and account information to ensure it is current, complete and accurate and that we have the right to terminate your Account and use of the QuickMail Service if you provide untrue, incomplete or inaccurate information.
2.2 Your Responsibilities: You are responsible for providing the equipment and services that you need to access, download, install and use the QuickMail Services. QuickMail does not guarantee that the QuickMail Services are accessible on any particular equipment or device or with any particular software or service plan.
You are responsible for all activities that occur through your Account, whether or not authorized by you. Please do not share your Account with any other person.
You will use the QuickMail Services only for your internal business purposes and in accordance with applicable laws, rules and regulations. You are responsible for all of your activities that occur within, through or as a result of your use of the QuickMail Services. You agree that you will not use the QuickMail Services for unlawful purposes or to engage in any illegal, offensive, indecent or objectionable conduct, including violation of any third party privacy or other rights. You agree that you will not use the QuickMail Services if you are under the age of majority in your place of residence or otherwise not fully able and competent to agree to these Terms.
By using QuickMail Services in any capacity, you agree that you will not participate in, encourage (or authorize any third party) to upload or input any information that could be seen as inflammatory or abusive. You also agree that you won’t use QuickMail Services for fraudulent or inappropriate purposes (which will be determined at our discretion). You agree that you will not participate in (or encourage third parties) to decipher or reverse engineer any technology used for competitive purposes.
If you use the QuickMail Services on your mobile device, you are solely responsible for all message and data fees charged by your wireless service provider. Please contact your mobile service provider for pricing plans and details. QuickMail is not liable for any delays, interruptions or other transmission errors related to your device, service or wireless service provider.
Except as specifically permitted in these Terms or expressly authorized in writing by QuickMail, you agree that you will not directly or indirectly: (a) distribute, sell, assign, encumber, transfer, rent, lease, sublicense, modify or time-share the QuickMail Services; (b) use any of the QuickMail Services in any service bureau arrangement; (c) reproduce, adapt, create derivative works of, translate, localize, port or otherwise modify any of the QuickMail Services; or (d) permit any third party to engage in any of the acts described in clauses (a) through (c).
You are not permitted to: (w) remove or alter any copyright or other proprietary rights’ notice or restrictive rights legend contained or included in any of the QuickMail Services; (x) decompile, disassemble, reverse compile, reverse assemble, reverse translate or otherwise reverse engineer any of the QuickMail Services; (y) use any means to discover the source code of the QuickMail Services or to discover the trade secrets in the QuickMail Services; or (z) otherwise circumvent any functionality that controls access to or otherwise protects the QuickMail Services.
You are responsible for complying with all laws, rules and regulations (including those relating to internet, data and email privacy) that apply to your use of the QuickMail Services.
2.3 Our Responsibilities: QuickMail is responsible for providing the QuickMail Services in accordance with these Terms and all applicable laws, rules and regulations.
You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store in connection with or relating to the QuickMail Service (“Your Content” as defined in Section 3 below).
We will maintain commercially reasonable administrative, physical and technical safeguards intended to protect the security, confidentiality and integrity of information that you provide to or through the QuickMail Services (including Your Content as defined in Section 3 below). Vulnerability issues can be reported to email@example.com.
QuickMail reserves the right but is not obligated to improve, enhance or modify the QuickMail Services. We will notify you in advance of changes to the QuickMail Services that may significantly adversely affect the manner in which you use the QuickMail Services or the manner in which the QuickMail Services perform.
QuickMail is not responsible for the content of Other Services or for losses, liabilities, actual or pending claims, actions, damages, expenses, costs of defense and reasonable attorneys’ fees (“Claims”) arising from your use of content, information, web sites, Software, services and other materials of third parties with which you may interact when you use the QuickMail Services (collectively, “Other Services”). YOU ACCESS OTHER SERVICES ENTIRELY AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR COMPLYING WITH TERMS AND CONDITIONS APPLICABLE TO YOUR ACCESS AND USE OF OTHER SERVICES.
2.4 Availability: We use commercially reasonable efforts to make the QuickMail Services available to you 24 hours per day, seven (7) days per week, excluding scheduled maintenance time, unavailability caused by you or any software, hardware or service not provided by us, unscheduled downtime and/or any cause beyond our reasonable control (including without limitation nature disasters, wars, terrorist act, civil disturbances, acts of any government or agency thereof, strikes or other labor problems, Internet service or other third party service providers’ failures or delays and systemic electrical, telecommunications or other utility outages or failures).
2.5 Limitations: QuickMail Services are subject to other limitations, such as limits on the amount of email sent as specified by your email provider.
3. Your Content. The QuickMail Services allow you to upload, transmit and use information and other content to and through the QuickMail Services (collectively, “Your Content”). You are solely responsible for the accuracy, quality, legality and means by which you acquired Your Content. You understand that QuickMail will use Your Content to provide the QuickMail Services to you. You have or will obtain all rights necessary to provide Your Content to QuickMail and you hereby grant QuickMail a worldwide license to use, reproduce, transmit, display and adapt your Content as necessary for QuickMail to provide the QuickMail Services to you in accordance with these Terms.
By transferring Your Content on or through the Service, You hereby do and shall grant QuickMail a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content in connection with the Service. QuickMail has the right, but not the obligation, to monitor the Service, Content, or Your Content. You further agree that QuickMail may remove or disable any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.
Information collected by your internet or mobile service provider and other third parties is used, stored, transferred and disclosed pursuant to your internet or mobile service provider’s or the third party’s terms, policies and practices.
We encourage you to carefully consider disclosure of any information that might be accessible to others. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the QuickMail Services.
You can prevent support agents from accessing your account by changing the appropriate settings in your account but you understand that developers and super admins have the ability to access the database and therefore all data to maintain the service. You also revoke your right to benefit from our support as long as the option to prevent support agents from accessing your account is activated.
4. Paid QuickMail Service. QuickMail offers QuickMail Services for a fee (“Paid QuickMail Service”). The Paid QuickMail Service is provided to you for a monthly fee at the then-current rates as described at QuickMail/pricing (“Fee Schedule”). QuickMail reserves the right to change the Fee Schedule upon thirty (30) days advance notice to paying customers.
QuickMail does not store, process or transmit any of your credit card data but relies entirely on Stripe, Inc. to handle these functions. Payments due for the Paid QuickMail Services are subject to the terms of the online order process at https://stripe.com/terms. If you do not agree to Stripe’s terms, then please do not sign up for the Paid QuickMail Service.
Your Paid QuickMail Service will not be activated until your first payment is received. Payments are due in accordance with the Fee Schedule every thirty (30) days in advance. Monthly fees are automatically charged to the credit card that you provided when you registered for the Paid QuickMail Service. To cancel the Paid QuickMail Service, simply got to your settings / billing and cancel there. Cancellation are requested immediately, but your credit card provider may require several days to process your cancellation request. We are not responsible for delays caused by your credit card company.
If payment in full of any amount owed to QuickMail under these Terms is not received by QuickMail within 15 days, QuickMail will terminate your account and delete all your data without notice.
5. Warranties. We warrant that we have validly entered into these Terms and have the legal power to do so. You warrant that (i) you have validly entered into these Terms and have the legal power to do so and (ii) you have all necessary rights, licenses, consents and permissions to use Your Content with the QuickMail Services.
EXCEPT AS EXPRESSLY PROVIDED ABOVE, YOU ACKNOWLEDGE THAT THE QUICKMAIL SERVICES ARE SUPPLIED TO YOU ON AN “AS IS” BASIS AND THAT USE OF THE QUICKMAIL SERVICES IS AT YOUR SOLE RISK. QUICKMAIL HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES REGARDING THE QUICKMAIL SERVICES AND THE USE, PERFORMANCE, OPERATION AND SUPPORT THEREOF, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, INTERFERENCE WITH ENJOYMENT, ACCURACY, COMPLETENESS, INTEGRATION, FREEDOM FROM DEFECTS OR DISABLING DEVICES, UNINTERRUPTED USE AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE. QUICKMAIL DOES NOT WARRANT THAT (A) THE QUICKMAIL SERVICES WILL MEET YOUR REQUIREMENTS, (B) OPERATION OF THE QUICKMAIL SERVICES WILL BE UNINTERRUPTED OR VIRUS- OR ERROR-FREE, (C) THAT THE QUICKMAIL SERVICES WILL OPERATE OR BE COMPATIBLE WITH ANY OTHER APPLICATIONS OR ANY PARTICULAR SYSTEMS OR DEVICES, (D) DEFECTS IN THE QUICKMAIL SERVICES WILL BE CORRECTED OR (E) THAT THE QUICKMAIL SERVICES WILL BE AVAILABLE FOR REINSTALLS ON THE SAME OR MULTIPLE DEVICES. ANY ORAL OR WRITTEN ADVICE PROVIDED BY QUICKMAIL OR ITS AUTHORIZED AGENTS WILL NOT BE DEEMED TO CREATE ANY WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
6. Limitation of Liability. QUICKMAIL’S LIABILITY WITH RESPECT TO ANY SINGLE INCIDENT ARISING OUT OF OR RELATED TO THE DELIVERY, USE OR PERFORMANCE OF THE QUICKMAIL SERVICES OR THESE TERMS (WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY) WILL NOT EXCEED THE AMOUNT PAID BY YOU HEREUNDER IN THE TWELVE (12) MONTHS PRECEDING THE INCIDENT; PROVIDED THAT IN NO EVENT SHALL QUICKMAIL’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS (WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY) EXCEED THE TOTAL AMOUNT PAID BY YOU HEREUNDER. THE FOREGOING LIMITATION WILL NOT LIMIT YOUR PAYMENT OBLIGATIONS.
IN NO EVENT WILL QUICKMAIL BE LIABLE TO YOU OR ANY THIRD PARTY FOR INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL AND PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS OR BUSINESS INTERRUPTION), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE QUICKMAIL SERVICES OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF QUICKMAIL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING DISCLAIMER OF LIABILITY WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
You agree that the above limitations of liability, together with the other provisions in these Terms that limit liability, are essential terms of these Terms and that QuickMail would not be willing to grant you the rights set forth in these Terms but for your agreement to these limitations of liability.
7. Ownership. The QuickMail Services, including the “look and feel” (e.g., text, graphics, images, logos), content and other material are automatically protected by copyright, irrespective of whether copyright is asserted or not. You acknowledge and agree that QuickMail owns all right, title and interest in and to the QuickMail Services (including without limitation any and all patent, copyright, trade secret, trademark, show-how, know-how and any and all other intellectual property rights therein or related thereto) and you agree not to take any action(s) inconsistent with such ownership interests. You do not acquire any rights or licenses under any of QuickMail’s copyrights, patents, patent applications, copyrights, trade secrets, trademarks or other intellectual property rights on account of these Terms. Any and all (a) suggestions for correction, change and modification to the QuickMail Services, evaluation data, evaluations and other feedback (including but not limited to quotations of written or oral feedback, information and reports provided to QuickMail by you (collectively, “Feedback”)), and all (b) improvements, updates, modifications or enhancements, whether made, created or developed by QuickMail or otherwise relating to the QuickMail Services (collectively, “Revisions”), are and will remain the property of QuickMail. You acknowledge and expressly agree that any contribution of Feedback or Revisions does not and will not give or grant you any right, title or interest in the QuickMail Services or in any such Feedback or Revisions. All Feedback and Revisions become the sole and exclusive property of QuickMail and QuickMail may use and disclose Feedback and Revisions in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to QuickMail any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights, and any and all other intellectual property rights) that you may have in and to any and all Feedback and Revisions. Upon request by QuickMail, you will execute any document, registration or filing required to give effect to the foregoing assignment.
8. Indemnification. You agree to indemnify and defend QuickMail and its affiliates, directors, officers, employees and agents from and against all Claims brought against QuickMail by any third party arising from your use of the QuickMail Services or any violation of these Terms, the rights of a third party or applicable law. Your indemnification obligations set forth in this Section 8 apply to any applicable actions taken under your Account. QuickMail reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder. In any event, no settlement that affects the rights or obligations of QuickMail may be made without QuickMail’s prior written approval.
9. Modifications to Terms. We may modify these Terms at any time. Modifications become effective immediately upon your first access to or use of the QuickMail Services after the “Last Revised” date at the top of this page. Your continued access or use of the QuickMail Services after the modifications become effective is deemed your conclusive acceptance of the modified Terms.
10. Termination of Use; Discontinuation and Modification of the Service
You may terminate your account at any time by contacting customer service at firstname.lastname@example.org. In addition, QuickMail may in its sole discretion terminate your user account on the Service or suspend or terminate your access to the Service at any time for any reason or no reason, with or without notice. We also reserve the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service.
These Terms will automatically terminate when you fail to comply with any term or condition of these Terms. Upon termination, you will cease all use of the QuickMail Services and will destroy any copy (full or partial) of any and all parts of the QuickMail Services in your possession or control. Termination will not limit any of QuickMail’s other rights or remedies at law or in equity. This Section 11 along with Sections 6, 7 and 8 will survive any termination or expiration of these Terms.
11. Export Laws. You agree that you will not export or re-export, directly or indirectly, the QuickMail Services and/or other information or materials provided by QuickMail hereunder, to any country for which Switzerland or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. You are responsible for and hereby agree to comply at your sole expense, with all applicable Swiss export laws and regulations.
12. Taxes. You are solely responsible for any and all duties, taxes, levies or fees (including any sales, use or withholding taxes) imposed on or in connection with these Terms or the QuickMail Services by any authority.
13. Remedies. You agree that a breach or a threatened breach of these Terms will cause injury to QuickMail for which money damages will not provide an adequate remedy and QuickMail will be entitled to seek equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
Please direct questions regarding these Terms to email@example.com with “Terms of Service” in the subject line.
HCG Partners GmbH