Terms of Service
Last Updated July 1, 2015
THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
These Terms of Service (the ?Terms?) govern your use of the software Application software entitled ?MailDeck? (the ?App?) and your use of the website available at www.maildeckapp.com (the ?Site?). The App and Site are provided by Crono, Inc. (?we?, ?us?, or ?Crono?). For ease of reference, these Terms refer collectively to the App, the Site, and all services provided by Crono via the App or Site as the ?Services?. Provided you agree to, and comply with, these Terms, Crono grants you a license to use the App to integrate various third party electronic communications services (?Third Party Platforms?) and manage and organize your email. PLEASE REVIEW THESE TERMS OF SERVICE BEFORE USING THE APP OR ANY OF THE SERVICES, AS THEY MAY HAVE CHANGED SINCE YOUR LAST VISIT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE APP OR OUR SERVICES. BY USING OUR APP OR ANY OF OUR SERVICES, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS.
We may amend these Terms at any time by posting the amended terms on our website. All amended terms will be automatically effective without further notice upon posting. Your continued use of the App or Service shall constitute your consent to the then current version of these Terms.
CONSENT TO ACCESS YOUR EMAIL ACCOUNTS AND DEVICE
UPDATES TO AND DISCONTINUATION OF THE SERVICES
You agree that Crono is not obligated to create or provide any support, corrections, updates, upgrades, bug fixes and/or enhancements of the App (each an ?Update?). However, in the event Crono decides to offer an Update, you agree that Crono may amend these Terms in connection with such Update without specific notice to you and that your installation and use of the Update is conditioned upon your acceptance of any revised Terms. You may not install any Update unless you agree to the then-current version of these Terms. You also agree that we may alter, suspend, or discontinue the App or Services in whole or in part, at any time and for any reason, without notice. The Services may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons. In order to use the Services, you must have a compatible mobile device enabled with the App. While using the App and other Services, your mobile carrier?s normal rates and charges apply. We are not responsible for any charges you incur from your mobile carrier as a result of use of the Services. You are responsible for ensuring that at all times while using the Service you are not in violation of your wireless data service agreement.
USE OF THE WEB PORTAL
The Service provides certain commercial customers, such as advertising agencies and brand advertisers (?Advertisers?) with the ability to include interactive and dynamic content into certain electronic communications accessed via the App.
Crono hereby grants Advertiser users a limited, revocable, license (subject to payment of the applicable Fees, as defined below) to access the web portal and a visual editor tool provided by Crono (?Brand Portal?) to create email campaigns.
Dynamic emails are then sent a third party email push service provider, such as SendGrid, Constant Contact, Mailchimp, or via the Advertiser?s own server, etc.
Once downloaded and opened in the App, the applicable email will interact with the Crono that email rendering SDK, to display the dynamic content pre-designated by the Advertiser.
To the extent that Crono charges any fees (?Fees?), for use of the Service to deliver Advertiser emails, the Advertiser shall be solely responsible for paying such Fees.
As between you and us, the App, and all content contained within the App, is and shall remain the sole property of Crono and is subject to protection under U.S. and foreign copyright laws. All third-party materials and content that you may have access to by using the App (?Third-Party Content?) may be protected by intellectual property rights that are owned by the individual or entity from which such Third Party Content originated. Crono reserves the right (but has no obligation) to filter or refuse to transmit any Third-Party Content via the App. You agree, however, that you are solely responsible for the content of all communications made by or to you through your use of the App and you may be exposed to Third-Party Content that is offensive, indecent or objectionable or which violates the proprietary, intellectual property, or privacy rights of a third party. You agree that your use of the App to communicate with any third parties is at your own risk.
Crono grants you a personal, revocable, limited, non-transferable license to use the App on either (a) any iPhone, iPad or iPod Touch as permitted by the Usage Rules set forth in the App Store Terms and Conditions, or (b) any Android-enabled mobile device subject to the Android Market Terms of Service and Policies (the ?Usage Rules?). This license does not allow you to copy, disassemble, attempt to derive the source code of, modify, create derivative works of, rent, lease, lend, sell, redistribute or sublicense the App or any Third-Party Content (either in whole or in part). All Updates will be governed by the version of these Terms published by Crono as of the date you install such Update. Any rights not expressly granted herein are reserved.
You agree that the App constitutes a software service that enables you to connect with Third Party Accounts manage and access electronic communications sent by third parties. Crono does not provide and is not responsible for any Third Party Platform or for the content of any electronic communication. You acknowledge and agree that Crono has no control over the availability or performance of any Third Party Platform. As between you and Crono, you are solely responsible for your use of any Third Party Platform and for the content of all communications made by or to you through your use of the App, and for all activity with respect to your use of the App, including any unauthorized use of a Third Party Platform by any third party.
You shall use the App and Service only in compliance with applicable local, state, federal, and international law and all regulations, policies and procedures of the applicable Third Party Platform. You agree that you will not use App or any Third Party Platform to which you connect via the App, to (a) engage in any communications that are unlawful, harassing, defamatory, offensive, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, (b) encourage or engage in any criminal conduct, conduct that could give rise to civil liability, or otherwise violate any applicable local, state, national or international law or regulation, (c) gain or attempt to gain unauthorized access to other computer systems; (d) use, or allow the use of, the Services for any unfair or deceptive practices or in contravention of any federal, state, local, foreign, or other applicable law, or rules and regulations of regulatory or administrative organizations; (e) act in a fraudulent, tortious, malicious, or negligent manner when using the Services; (f) obtain unauthorized access to any computer system through our Services or the App; (g) introduce viruses, worms, Trojan horses and/or harmful code to our Services or the Services; and (h) use any robot, spider, site search/retrieval application, or other automated device, process, or means to access, retrieve, scrape, or index any portion of the Service, your email, or Content
NO ARCHIVE; EMAIL NOTICES
The App is designed to enable you to store certain electronic communications locally on your device. You agree, and understand that this functionality is provided to you by the App as a convenience only and not as an archive. Crono shall have no liability to you or any other person for loss, damage, or destruction to any electronic communications accessed via the App and you are solely responsible for preventing any loss or damage to your electronic communications and for maintaining independent archival and backup copies of your electronic communications. CRONO ASSUMES NO RESPONSIBILITY FOR THE DELETION OF OR FAILURE TO STORE OR DELIVER ANY ELECTRONIC COMMUNICATION.
You agree to receive emails from us regarding our Services. We may from time to time send you push notifications or email messages with information about upcoming events, or information about our service offerings from us and our partners. You may opt-out from receiving our newsletter by emailing [email protected] or selecting to unsubscribe as may be provided in the applicable e-mail correspondence. That said, we do not appreciate spam and will not send you more emails than are necessary to assist you in using the App.
Crono expressly disclaims any liability or claims that may arise between users of our Services and providers of Third Party Platforms. You are solely responsible for your interactions with any user and provider of Third Party Platforms and any disputes that arise from interactions with any of the foregoing.
Because Crono is not responsible for the interaction between users and providers of Third Party Platforms or any related transactions, in the event that you have a dispute with one or more users, you hereby release Crono (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind, known and unknown arising out of or in any way related with such disputes.
If you are a California resident, in connection with the above release, you waive California Civil Code Section 1542, which says: ?A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.?
By using our Services, you agree to indemnify, hold harmless and defend Crono and its officers, directors, employees and agents from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys? fees, resulting directly or indirectly from a claim by a third party that arises in connection with your use of the Services.
INTELLECTUAL PROPERTY RIGHTS
You agree and acknowledge that the structure, organization, and code used in conjunction with our Services are proprietary to Crono. You shall not, and shall not permit any person or entity to: (a) use our Services or any Services on a service bureau, time sharing or any similar basis, or for the benefit of any other person or entity; (b) alter, enhance, or make derivative works of the Services; or (c) reverse engineer, reverse assemble or decompile, or otherwise attempt to derive source code from, our Services or any software component of the Crono Services. You shall not sell, transfer, publish, disclose, display or otherwise make available the Crono Services including any modifications, enhancements, derivatives, and other software and materials provided hereunder by Crono or copies thereof to others in violation of these Terms of Service.
Unless otherwise noted, all Content contained on the Services is the property of Crono and/or its affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Product names are trademarks or registered trademarks of their respective owners.
LINKS TO THIRD-PARTY WEBSITES
PROVIDERS OF THIRD PARTY PLATFORMS
Crono and you acknowledge that this Agreement is concluded between Crono and you only, and not with Apple, Inc., or Google, Inc. Crono, not Apple or Google, is solely responsible for App and the content thereof. To the extent this Agreement provides for usage rules for App that are less restrictive than the Usage Rules set forth for App in, or otherwise is in conflict with, the App Store Terms of Service, or any similar policy published by Google, the more restrictive or conflicting Apple or Google term, as applicable, applies.
The license granted to you for App is limited to a non-transferable license to use App on an iOS Product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service any similar policy published by Google from time to time.
Crono is solely responsible for providing any maintenance and support services with respect to App, as specified in this Agreement (if any), or as required under applicable law. Crono and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to App.
Crono is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of App to conform to any applicable warranty, you may notify Apple or Google, as applicable, and Apple or Google will refund the purchase price for App to you; and to the maximum extent permitted by applicable law, neither Apple nor Google will have any other warranty obligation whatsoever with respect to App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Crono?s sole responsibility.
Crono and you acknowledge that Crono, not Apple or Google, is responsible for addressing any claims of you or any third party relating to App or your possession and/or use of App, including, but not limited to: (a) product liability claims; (b) any claim that App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This Agreement does not limit Crono?s liability to you beyond what is permitted by applicable law.
Crono and you acknowledge that, in the event of any third party claim that App or your possession and use of App infringes that third party?s intellectual property rights, Crono, and neither Apple nor Google, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You represent and warrant that (a) 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 (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
You acknowledge and agree that Apple and Google, and their subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple or Google, as applicable 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.
You agree to indemnify, defend, release, and hold harmless Crono, its partners, licensors, affiliates, contractors, officers, directors, employees and agents from all damages, losses and expenses arising directly or indirectly from (a) any negligent acts, omissions or willful misconduct by you, (b) your use of the App or any Third Party Platform, (c) any breach of these Terms by you, and/or (d) your violation of any law or of any rights of any third party.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE APP AND SERVICE IS AT YOUR SOLE RISK AND THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND ANY CONTENT OR INFORMATION PROVIDED BY THE APP, INCLUDING ACCESS TO ANY THIRD PARTY PLATFORM, ARE PROVIDED ?AS IS? AND ?AS AVAILABLE?, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND CRONO HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APP AND ANY CONTENT OR INFORMATION PROVIDED BY THE APP, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. CRONO DOES NOT WARRANT THAT THE APP OR SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APP WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CRONO OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY.
LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL CRONO BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, PROPERTY DAMAGE OR INJURY TO ANY PERSON, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APP OR THE SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF CRONO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CRONO?S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
ARBITRATION; APPLICABLE LAW
THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
Except for a claim by Crono of infringement or misappropriation of Crono?s patent, copyright, trademark, or trade secret, any and all disputes between you and Crono arising under or related in any way to these Terms must be resolved through binding arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of the App.
YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND CRONO ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND CRONO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (?AAA?), as modified by this section. For any claim where the total amount of the award sought is $10,000 or less, the AAA, you and Crono must abide by the following rules: (a) the arbitration shall be conducted solely based on written submissions; and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, and the hearing (if any) must take place in Denver, CO. The arbitrator?s ruling is binding and may be entered as a judgment in any court of competent jurisdiction. In the event this agreement to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated shall be exclusively brought in the state or federal courts located in Denver, Colorado. Claims of infringement or misappropriation of Crono?s patent, copyright, trademark, or trade secret shall be exclusively brought in the state and federal courts located in Denver, Colorado.
You may opt out of this Agreement To Arbitrate. If you do so, neither you nor Crono can require the other to participate in an arbitration proceeding. To opt out, you must notify Crono in writing within 30 days of the date that you first became subject to this arbitration provision. The opt-out notice must state that you do not agree to the Agreement To Arbitrate and must include your name, address, phone number, and your Crono account to which the opt-out applies. You must sign the opt-out notice for it to be effective.
This procedure is the only way you can opt out of the Agreement To Arbitrate and a clear statement that you want to opt out of this Agreement To Arbitrate. You must use this address to opt out:
ATTN: Arbitration Opt-out Crono, Inc.,
1983 Julian Street, Denver, CO 80204
This Arbitration section will survive the termination of your relationship with Crono.
The laws of the State of Colorado, excluding its conflicts of law rules that would result in the laws of a State other than Colorado, govern this license and your use of the App.
MODIFYING AND TERMINATING SERVICE
We may terminate your access to our Services, in our sole discretion, for any reason and at any time, upon electronic notice to you at the email address provided by you at registration. You agree that we are not liable to you or any third party for any termination of your access to our Services. We may change and update the Services from time to time. We may add or remove features, and as appropriate give you advance notice about any major changes, you understand that we may stop, suspend, or change the Services at any time without prior notice.
UNSOLICITED IDEAS AND FEEDBACK
While we welcome your feedback, ideas, and suggestions (collectively, ?unsolicited ideas?), it is important to be aware of the following restrictions with regards to unsolicited ideas you provide to us. If you send us feedback, ideas, or suggestions, you agree that: (1) your unsolicited ideas become the property of Crono and you are not owed any compensation in exchange; (2) none of the unsolicited ideas contain confidential or proprietary information of any third party; (3) Crono may use or redistribute unsolicited ideas for any purpose and in any way; (4) there is no obligation for Crono to review your unsolicited ideas; and (5) Crono has no obligation to keep any unsolicited ideas confidential.
You may not assign or transfer your rights or obligations under these Terms of Service in whole or in part to any third party without the consent of Crono. These Terms of Service shall bind and inure to the benefit of the parties to these Terms of Service and their respective successors, permitted transferees, and permitted assigns. Crono and you are independent contractors and are not partners, joint venturers, agents, employees or representatives of the other party. These Terms of Service contain the entire understanding of the parties with respect to the transactions and matters contemplated hereby, supersedes all previous communications, understandings and agreements (whether oral or written) other than any click-through or end user license agreement provided by Crono, and cannot be amended except by a writing signed by both parties or by Crono?s posting of an amended version of these Terms of Service on its App. The headings and captions used in these Terms of Service are used for convenience only and are not to be considered in construing or interpreting these Terms of Service. If any part of these Terms of Service is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
FOR ADDITIONAL INFORMATION
If you have any questions about our Terms of Service, please contact us at:
1983 Julian Street
Denver, CO 80204 USA
or via [email protected]