Terms of Service
Last Updated: 15 February, 2025
Introduction
These Terms and Conditions ("Terms") govern your access to and use of Maily (the "Service"), an AI-powered plugin exclusively designed for Microsoft Outlook, provided by Maily Inc. ("Maily," "we," "us," or "our"). By accessing or using the Service, you agree to these Terms. If you do not agree to these Terms, you may not use the Service. If you are accepting these Terms on behalf of an entity, you represent that you have the authority to bind such entity to these Terms, and "you" shall refer to that entity. These Terms are effective as of the date you first access or use the Service. We may update these Terms at our sole discretion. Any changes to these Terms will be posted on our website and will become effective upon posting. In the case of material changes, we will provide additional notice, such as an email notification. Your continued use of the Service after any such changes constitutes your acceptance of the updated Terms.
Access and Use of the Service
The Service is designed to assist with email composition and responses through Microsoft Outlook using AI technology. By accessing the Service, you agree to comply with all applicable laws and regulations and to use the Service only for lawful purposes. You must be at least 18 years old and have the capacity to enter into a legally binding agreement to use the Service. To access the Service, you may be required to create an account and provide accurate and complete information. You are responsible for maintaining the security of your account credentials and for all activities conducted under your account. Maily will not be liable for any loss or damage resulting from unauthorized access to your account.
Subscription Plans and Payment Terms
Maily offers various subscription plans, details of which are available on our website. By subscribing to a plan, you agree to pay the fees associated with the chosen plan. Subscription fees are non-refundable, except as explicitly stated in these Terms or as required by applicable law. Your subscription will automatically renew at the end of the term unless you cancel it before the renewal date. You authorize Maily to charge your payment method for the applicable subscription fees. If payment is not received, Maily reserves the right to suspend or terminate your access to the Service.
Service Availability and Limitations
Maily strives to provide reliable and uninterrupted Service but does not guarantee 100% uptime or error-free performance. Scheduled maintenance and updates may temporarily affect the availability of the Service. Maily will make reasonable efforts to minimize such disruptions. You acknowledge that the Service is provided "as is" and "as available," and Maily disclaims all warranties, express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose.
Intellectual Property Rights
The Service, including all content, features, and functionality, is the exclusive property of Maily and is protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable, and revocable license to use the Service for personal or internal business purposes, in accordance with these Terms. You may not copy, modify, distribute, reverse engineer, or create derivative works from any part of the Service without prior written consent from Maily.
User Content and Data Privacy
By using the Service, you grant Maily a non-exclusive, royalty-free license to process, store, and transmit your content as necessary to provide the Service. You retain ownership of your content, and Maily will implement appropriate measures to protect your data in accordance with its Privacy Policy. Maily complies with applicable data protection regulations, including GDPR and SOC II, and will not share your personal data with third parties without your consent, except as required by law or necessary to provide the Service.
Prohibited Conduct
You agree not to use the Service for any unlawful or unauthorized purposes, including but not limited to sending spam, engaging in fraudulent activities, or violating intellectual property rights. Maily reserves the right to terminate your access to the Service if you engage in prohibited conduct.
Third-Party Integrations
The Service relies on integration with Microsoft Outlook and may include links or integrations with third-party services. Maily is not responsible for the availability, performance, or accuracy of any third-party services. Your use of third-party services is governed by their respective terms and conditions.
Disclaimer of Liability
To the fullest extent permitted by law, Maily disclaims all liability for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Service. Maily’s aggregate liability under these Terms shall not exceed the total fees paid by you for the Service in the twelve months preceding the claim.
Termination
Maily reserves the right to suspend or terminate your access to the Service at any time, with or without notice, for any reason, including but not limited to breach of these Terms. Upon termination, your license to use the Service will immediately cease, and any data associated with your account may be deleted.
Dispute Resolution
These Terms are governed by and construed in accordance with the laws of France, without regard to its conflict of law principles. Any disputes arising under these Terms shall be resolved through binding arbitration in accordance with the rules of the International Chamber of Commerce (ICC). Arbitration will take place in Paris, France, and proceedings will be conducted in French, unless both parties agree otherwise. You waive any right to a trial by jury or participation in a class action, to the extent permissible by law.
Miscellaneous
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect. These Terms constitute the entire agreement between you and Maily regarding the Service and supersede any prior agreements or understandings. Failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision.
Contact Information
If you have any questions or concerns about these Terms, please contact Maily at info@mailylabs.com. Your feedback is valued, and we are here to address any issues related to your use of the Service.
