Last Revised: January 3, 2020
These EMAIL VERITAS Service Terms (these “Terms”) explain the relationship between EMAIL VERITAS, Inc. (“EMAIL VERITAS”, “we” or “us”) and you when you (i) access and use EMAILVERITAS.com and its related domains (together, the “Site”) and/or (ii) download, install, use and in some cases purchase EMAIL VERITAS’s proprietary email software applications (including all related documentation, updates and upgrades) and any other services offered through the Site (the “EMAIL VERITAS Services”).
These Terms govern visitors’ access to and use of the public areas of the Site, as well as access to and use of the EMAIL VERITAS Services. Unless otherwise indicated, “EMAIL VERITAS Services” as used throughout these Terms includes the public areas and the EMAIL VERITAS Services. For the purposes of these Terms, “you” or “your” refers to you as a visitor to or registered user of the EMAIL VERITAS Services.
THESE TERMS, TOGETHER WITH OUR PRIVACY
POLICY, FORM AN AGREEMENT BETWEEN YOU AND EMAIL VERITAS. BY AGREEING
TO THESE TERMS OR USING THE EMAIL VERITAS SERVICES, YOU REPRESENT TO
US THAT YOU ARE LEGALLY COMPETENT TO ENTER INTO THIS AGREEMENT.
IF YOU ARE AGREEING TO THESE TERMS OR USING THE EMAIL VERITAS SERVICES ON BEHALF OF YOUR EMPLOYER, YOUR ACCEPTANCE OF THESE TERMS IS DEEMED AN AGREEMENT BETWEEN YOUR EMPLOYER AND EMAIL VERITAS AND YOU REPRESENT AND WARRANT THAT YOU HAVE AUTHORITY TO BIND YOUR EMPLOYER TO THESE TERMS.
License Grant. The EMAIL VERITAS Services are owned by EMAIL VERITAS and are licensed, not sold, to you. Subject to your payment of all applicable fees, EMAIL VERITAS grants 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 EMAIL VERITAS Services subject to the limitations set forth in these Terms, any relevant purchase order or ordering document related to the EMAIL VERITAS Services (“Order Form”) and any and all other terms and policies set forth in the EMAIL VERITAS Services. You acknowledge that the source code for the EMAIL VERITAS Services and other trade secrets embodied in the EMAIL VERITAS Services have not been and will not be licensed or otherwise disclosed to you. All rights not expressly granted herein are reserved by EMAIL VERITAS.
Use of EMAIL VERITAS Services.
Your Responsibilities: You are responsible for providing the equipment and services that you need to access, download, install and use the EMAIL VERITAS Services. EMAIL VERITAS does not guarantee that the EMAIL VERITAS 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 or any of its information with any other person.
You will use the EMAIL VERITAS 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 EMAIL VERITAS Services. You agree that you will not use the EMAIL VERITAS 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 EMAIL VERITAS 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.
If you use the EMAIL VERITAS 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. EMAIL VERITAS 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 EMAIL VERITAS, you agree that you will not directly or indirectly: (a) distribute, sell, assign, encumber, transfer, rent, lease, sublicense, modify or time-share the EMAIL VERITAS Services; (b) use any of the EMAIL VERITAS Services in any service bureau arrangement or on behalf of any third party; (c) reproduce, adapt, create derivative works of, translate, localize, port or otherwise modify any of the EMAIL VERITAS 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: (a) remove or alter any copyright or other proprietary rights’ notice or restrictive rights legend contained or included in any of the EMAIL VERITAS Services; (b) decompile, disassemble, reverse compile, reverse assemble, reverse translate or otherwise reverse engineer any of the EMAIL VERITAS Services; (c) use any means to discover the source code of the EMAIL VERITAS Services or to discover the trade secrets in the EMAIL VERITAS Services; or (d) otherwise circumvent any functionality that controls access to or otherwise protects the EMAIL VERITAS 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 EMAIL VERITAS Services.
Our Responsibilities: EMAIL VERITAS is responsible for providing the EMAIL VERITAS Services in accordance with these Terms and all applicable laws, rules and regulations.
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 EMAIL VERITAS Services (including Your Content as defined in Section 3 below).
EMAIL VERITAS reserves the right but is not obligated to improve, enhance or modify the EMAIL VERITAS Services. We will notify you in advance of changes to the EMAIL VERITAS Services that may significantly adversely affect the manner in which you use the EMAIL VERITAS Services or the manner in which the EMAIL VERITAS Services perform.
EMAIL VERITAS 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 EMAIL VERITAS 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.
Availability: We use commercially reasonable efforts to make the EMAIL VERITAS 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, emergency maintenance 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).
Limitations: EMAIL VERITAS Services are subject to reasonable limitations and other limitations, as specified within the EMAIL VERITAS Services or the applicable Order Form(s).
Your Content. The EMAIL VERITAS Services allow you to upload, transmit and use information and other content to and through the EMAIL VERITAS Services (collectively, “Your Content”). You are solely responsible for the accuracy, quality, legality and means by which you acquired Your Content. You understand that EMAIL VERITAS will use Your Content to provide the EMAIL VERITAS Services to you. You have or will obtain all rights necessary to provide Your Content to EMAIL VERITAS and you hereby grant EMAIL VERITAS a worldwide license to use, reproduce, transmit, display and adapt your Content as necessary for EMAIL VERITAS to provide the EMAIL VERITAS Services to you in accordance with these Terms.
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 EMAIL VERITAS Services.
Fees. You shall pay EMAIL VERITAS for the EMAIL VERITAS Services at the then-current rates. EMAIL VERITAS reserves the right to change the Fee Schedule upon thirty (30) days advanced notice to you.
EMAIL VERITAS does not store, process or transmit any of your credit card data but relies entirely on third parties to handle these functions. You must comply with such third party’s terms made available to you.
Your EMAIL VERITAS Service will not be activated until your first payment is received. Payments are due in accordance with the Fee Schedule, often annually or monthly in advance. Fees are automatically charged to the credit card that you provided when you registered for the EMAIL VERITAS Service. Additional Fees will be charged to you on a pro rata basis in the event that you add any additional licenses or seats or upgrade your EMAIL VERITAS Service during an EMAIL VERITAS Service subscription term. To cancel the EMAIL VERITAS Service, request at firstname.lastname@example.org. We begin to process cancellation requests immediately, but your credit card provider may require several days to process your cancellation request. Any cancellation would take effect at the end of the current term and no refunds shall be provided. We are not responsible for delays caused by your credit card company.
If payment in full of any amount owed to EMAIL VERITAS under these Terms is not received by EMAIL VERITAS after such payment has become due, such amounts will thereafter bear interest at the rate 0.05% per day or the maximum rate permitted by applicable law, whichever is less. If any payment due EMAIL VERITAS is collected at law or through an attorney at law or under advice therefrom or through a collection agency, you agree to pay all costs of collection, including, without limitation, all court costs and reasonable attorneys' fees.
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 EMAIL VERITAS Services.
THE EMAIL VERITAS SERVICES ARE LICENSED "AS-IS," "WITH ALL FAULTS," AND "AS AVAILABLE." YOU BEAR ALL RISK OF USING IT. EMAIL VERITAS, ON BEHALF OF ITSELF, MICROSOFT, WIRELESS CARRIERS OVER WHOSE NETWORK THE EMAIL VERITAS SERVICES ARE DISTRIBUTED, AND ITS AND THEIR RESPECTIVE AFFILIATES, VENDORS, AGENTS, AND SUPPLIERS (“DISTRIBUTORS”), GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS UNDER OR IN RELATION TO THE EMAIL VERITAS SERVICES. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, EMAIL VERITAS AND ALL DISTRIBUTORS EXCLUDE ANY IMPLIED WARRANTIES OR CONDITIONS, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EMAIL VERITAS DOES NOT WARRANT THAT (A) THE EMAIL VERITAS SERVICES WILL MEET YOUR REQUIREMENTS, (B) OPERATION OF THE EMAIL VERITAS SERVICES WILL BE UNINTERRUPTED OR VIRUS- OR ERROR-FREE, (C) THAT THE EMAIL VERITAS SERVICES WILL OPERATE OR BE COMPATIBLE WITH ANY OTHER APPLICATIONS OR ANY PARTICULAR SYSTEMS OR DEVICES, (D) DEFECTS IN THE EMAIL VERITAS SERVICES WILL BE CORRECTED OR (E) THAT THE EMAIL VERITAS SERVICES WILL BE AVAILABLE FOR REINSTALLS ON THE SAME OR MULTIPLE DEVICES. ANY ORAL OR WRITTEN ADVICE PROVIDED BY EMAIL VERITAS 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.
Limitation of Liability. EMAIL VERITAS’S LIABILITY WITH RESPECT TO ANY SINGLE INCIDENT ARISING OUT OF OR RELATED TO THE DELIVERY, USE OR PERFORMANCE OF THE EMAIL VERITAS 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 EMAIL VERITAS’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 EMAIL VERITAS 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 EMAIL VERITAS SERVICES OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF EMAIL VERITAS 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 NOT TO SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES FROM ANY DISTRIBUTOR.
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 EMAIL VERITAS would not be willing to grant you the rights set forth in these Terms but for your agreement to these limitations of liability.
Ownership. The EMAIL VERITAS Services, including the "look and feel" (e.g., text, graphics, images, logos), content and other material, are protected under copyright, trademark and other laws. You acknowledge and agree that EMAIL VERITAS owns all right, title and interest in and to the EMAIL VERITAS 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 EMAIL VERITAS’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 EMAIL VERITAS Services, evaluation data, evaluations and other feedback (including but not limited to quotations of written or oral feedback, information and reports provided to EMAIL VERITAS by you (collectively, “Feedback”)), and all (b) improvements, updates, modifications or enhancements, whether made, created or developed by EMAIL VERITAS or otherwise relating to the EMAIL VERITAS Services (collectively, “Revisions”), are and will remain the property of EMAIL VERITAS. 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 EMAIL VERITAS Services or in any such Feedback or Revisions. All Feedback and Revisions become the sole and exclusive property of EMAIL VERITAS and EMAIL VERITAS 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 EMAIL VERITAS 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 EMAIL VERITAS, you will execute any document, registration or filing required to give effect to the foregoing assignment. In addition, EMAIL VERITAS shall have the right to copy, use, distribute, and display any information, analysis, statistics and other data generated by the EMAIL VERITAS Services (or derived from your use of the EMAIL VERITAS Services), including compilation of aggregated statistics about the EMAIL VERITAS Services; provided, however, that EMAIL VERITAS shall not publicly disclose or distribute any such data unless such data is in an aggregated form that would not permit a third party to identify the data as associated with you.
Indemnification. You agree to indemnify and defend EMAIL VERITAS and its affiliates, directors, officers, employees and agents from and against all Claims brought against EMAIL VERITAS by any third party arising from your use of the EMAIL VERITAS Services or any violation of these Terms, the rights of a third party or applicable law. Your indemnification obligations set forth in this Section apply to any applicable actions taken under your Account. EMAIL VERITAS 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 EMAIL VERITAS may be made without EMAIL VERITAS’s prior written approval.
Modifications to Terms. We may modify these Terms at any time. Modifications become effective immediately upon your first access to or use of the EMAIL VERITAS Services after the “Last Revised” date at the top of this page. Your continued access or use of the EMAIL VERITAS Services after the modifications become effective is deemed your conclusive acceptance of the modified Terms.
Termination. 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 EMAIL VERITAS Services and will destroy any copy (full or partial) of any and all parts of the EMAIL VERITAS Services in your possession or control. Termination will not limit any of EMAIL VERITAS’s other rights or remedies at law or in equity. This Section 10 along with Sections 6, 7, 8, 13 and 18 and any other Section that by its nature is reasonably intended to survive the termination or expiration of these Terms, will survive any termination or expiration of these Terms.
Export Laws. You agree that you will not export or re-export, directly or indirectly, the EMAIL VERITAS Services and/or other information or materials provided by EMAIL VERITAS hereunder, to any country for which the United States 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 United States export laws and regulations. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
U.S. Government Restricted Rights. The EMAIL VERITAS Services are “commercial computer software” and “commercial computer software documentation” as such terms are used in United States Federal Acquisition Regulations Section 12.212. Any use, duplication or disclosure of the EMAIL VERITAS Services by or on behalf of the U.S. Government is subject to restrictions as set forth in these Terms.
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 EMAIL VERITAS Services by any authority (excluding taxes based on EMAIL VERITAS’s net income).
Remedies. You agree that a breach or a threatened breach of these Terms will cause injury to EMAIL VERITAS for which money damages will not provide an adequate remedy and EMAIL VERITAS 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.
Notice to California Residents. Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:
The provider of the website is:
EmailVeritas Security Technologies Ltd.
207- 4475 Viewmont Avenue
Victoria, BC V8Z 6L8
To file a complaint regarding the website or to receive further information regarding use of the website, send a letter to the above address or contact EMAIL VERITAS via e-mail (with “California Resident Request” as the Subject Line). You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 916.445.1254 or 800.952.5210.
Additional Terms Applicable to EMAIL VERITAS iOS Application.
(a) Please note that in the event that you have purchased an auto-renewing subscription through the EMAIL VERITAS iOS application then the payment will be charged to your iTunes Account at the confirmation of your purchase. Importantly, your subscription will auto-renew monthly at EMAIL VERITAS’s then current rates per account per month. The auto-renewals will occur unless auto-renew is turned off at least 24-hours before the end of the current renewal period. Your account will be charged for the renewal and identify the cost of the renewal within 24-hours prior to the end of the current period. You may manage your subscription and turn off auto-renewal by going to your Account Settings after purchase. No cancellation of your current subscription is allowed during the active subscription period.
(b) You and EMAIL VERITAS acknowledge that this Agreement is concluded between You and EMAIL VERITAS only, and not with Apple, and EMAIL VERITAS, not Apple, is solely responsible for the EMAIL VERITAS Services and the content thereof.
(c) The license granted to you to use the EMAIL VERITAS Services is limited to use on any iOS Products that you own or control and as permitted by the Usage Rules set forth in the Apple App Store Terms of Service, except that the EMAIL VERITAS Services may be accessed and used by other accounts associated with the purchaser via Family Sharing. You and EMAIL VERITAS acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the EMAIL VERITAS Services.
(d) In the event of any failure of the EMAIL VERITAS Services to conform to any applicable warranty herein, you may notify Apple, and Apple may refund the purchase price for the EMAIL VERITAS Services to you; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the EMAIL VERITAS Services, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.
(e) You and EMAIL VERITAS acknowledge that EMAIL VERITAS not Apple, is responsible for addressing any of your claims or of any third party relating to the EMAIL VERITAS Services and/or your use of the EMAIL VERITAS Services, including, but not limited to: (i) product liability claims; (ii) any claim that the EMAIL VERITAS Services fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the EMAIL VERITAS Services’s use of the HealthKit and HomeKit frameworks.
(f) You and EMAIL VERITAS acknowledge that, in the event of any third party claim that the EMAIL VERITAS Services or your possession and use of the EMAIL VERITAS Services infringes that third party’s intellectual property rights, EMAIL VERITAS, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
(g) You may contact EMAIL VERITAS at email@example.com with any questions, complaints or claims with respect to the EMAIL VERITAS Services.
(h) You and EMAIL VERITAS acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
Additional Terms Applicable to purchases of the EMAIL VERITAS Services from the Microsoft Office Store. You may install and use the EMAIL VERITAS Services on up to five (5) devices you personally own or control and that are affiliated with the Windows Live ID associated with your Office Store account. You may not install or use the EMAIL VERITAS Services on a device you do not own or control. Microsoft has no obligation to provide you with any support for the EMAIL VERITAS Services.
Please direct questions regarding these Terms to our support team by submitting a request at firstname.lastname@example.org with the subject of “Terms of Service”.
Email Veritas Security Technologies Ltd.
4217 Kincaid Street
Victoria, BC V8X 4K7