Terms of Use

Last updated 2/20/19

Table of contents:

Imap-x is a cloud communications platform. We provide APIs that help software companies integrate email, calendar, and contacts into their applications. We created these Terms of Service (the “Terms”) to be as straightforward and easy to understand as our lawyers would permit. We are committed to keeping your data secure and being transparent about our processes. These Terms will be superseded by written agreement between Imap-x and you related to the delivery of the Services.

Please review the Terms carefully because they govern your use of our website located at imapx.tech and its subdomains (collectively, the “Site”), our API located at https://imapx.tech (the “Platform”). To make these Terms easier to read, the Site, our Platform, and the Dashboard are collectively called the “Services.” If you do not agree to be bound by these Terms, then, except as otherwise provided in Section 17.f (Effect of Changes on Arbitration) you may not use the Services. Please note that if you have entered into a Master Services Agreement with Imap-x, that agreement may supersede these Terms except with respect to your general use of our Site.

IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND Imap-x THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 17 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).

Agreement and Changes to Terms

Your Imap-x Account

Access and Use of the Services

Customer Data

You acknowledge that you have read our Privacy Policy and understand that it sets forth how we will collect, store, and use your Customer Data (as defined therein). If you do not agree with our Privacy Policy, then you must stop using the Imap-x Services immediately.

You instruct us to use and disclose User Content (as defined below) and Customer Data as necessary to (a) provide the Services consistent with the Privacy Policy and this section of the Terms, including detecting, preventing, and investigating security incidents, fraud, spam, or unauthorized use of the Services; (b) respond to any technical problems or queries (by you or your Authorized Users) and ensure the proper working of the Services; (c) to protect ourselves, our other customers, the public from harm or illegal activities, or the Services; (d) to respond to an emergency which we believe in, good faith, requires us to disclose Customer Data or User Content to assist in preventing a death or serious bodily injury; or (e) comply with any applicable Law, regulation, legal process or government request.

Payment

Acceptable Use Policy

Without limiting any other terms of these Terms, you must use the Services exclusively for authorized and legal purposes, consistent with all applicable laws, regulations and the rights of others. You will keep confidential and not disclose to any third parties any user identifications, or Account information. You acknowledge that the Services are not designed, intended or authorized for use in hazardous or mission-critical circumstances or for uses requiring fail-safe performance, or where failure could lead to death, personal injury or environmental damage. You acknowledge that our system is not designed for transaction processing or other commerce-related activities. You agree not to use the Service for such purposes or under such circumstances. The Service is not intended for use by persons under the age of 18. You must ensure that each of your Authorized Users is aware of and complies with the requirements and restrictions set forth in this paragraph.

You are responsible for all activities that occur under your account (or any of your Authorized Users’ accounts), and for Authorized Users’ compliance with these Terms. You agree that these Terms are concluded between you and Imap-x, and not between Imap-x and your Authorized Users. You agree to (a) have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all User Content (as defined below) and Customer Data that you (or any of your Authorized Users) input into or store using the Services; (b) use commercially reasonable efforts to prevent unauthorized access to, or use of, the Services, and notify Imap-x promptly of any such unauthorized access or use; and (c) comply with all applicable local, state, federal and foreign laws in using the Services.

Feedback

We welcome feedback, comments, and suggestions for improvements to the Services (“Feedback”). You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

Content Ownership, Responsibility, and Removal

General Prohibitions and Imap-x’ Enforcement Rights

Without limiting any other terms of these Terms, you agree not to do any of the following:

Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

DMCA/Copyright Policy

Imap-x respects copyright law and expects its users to do the same. It is Imap-x’ policy to terminate in appropriate circumstances Account holders who repeatedly infringe the rights of copyright holders.

Warranty Disclaimers

THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.

Links to Third Party Websites

The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

Termination

We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at support@imapx.tech. Upon any termination, discontinuation or cancellation of Services or your access thereto, the following provisions of these Terms will survive: Payment, Feedback; the first paragraph of Content Ownership, Responsibility and Removal regarding Imap-x’ ownership of the Content and Services; Termination; Confidentiality; Warranty Disclaimers; Indemnity; Limitation of Liability; Dispute Resolution; and General Terms 6.b, 8, 10, 11, 12, this sentence of Section 14, and 15 through 18.

Indemnity

You will indemnify and hold harmless Imap-x and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your User Content, or (iii) your violation of these Terms.

Limitation of Liability

NEITHER Imap-x NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Imap-x HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Imap-x AND YOU.

Dispute Resolution

General Terms

Contact Information

If you have any questions about these Terms or the Services, please contact Imap-x at support@imapx.tech; Imap-x, Inc., F-18-3A, villa wangsa mas, wangsa maju, 53300 Kuala Lumpur, Kuala Lumpur, Malaysia.