TERMS OF SERVICE
Last Revised: September 30, 2020
SECTION 1: INTRODUCTION & ACCEPTANCE OF TERMS
These Terms of Service (the «Terms») are an agreement between you or the entity you represent («you>,» «your,» or «user») and SimpleCode, LLC, a limited liability company governed by the laws of the State of Delaware, USA («SimpleCode,» «we,» «our,» or «us»). SimpleCode owns and operates a website found at www.scailer.com («Website») and the desktop email client software made available to download from the Website («Software»)
By accessing or using any part of the Website, you agree to be bound by these Terms. If you do not accept these Terms and all the policies and documents incorporated herein by reference in their entirety, you may not use the Website.
To the extent permitted by applicable law, we may, at any time, amend these Terms, including any features or functionality of the Website, without prior notice to you, by posting a revised version of the Terms and/or a notification about changes made to features or functionality of the Website. Any revisions to these Terms or changes to the Website will take effect when a revised version or a notification is posted on the Website unless otherwise stated. Your continued use of the Website after the revision date constitutes (a) your acceptance of revised Terms and/or changes in Website and (b) agreement to be bound by any such revised terms and conditions.
SECTION 2: SOFTWARE LICENSING
Free Trial. You may use the Software free of charge for a period of 30 days. No credit/debit card information is required in order to use the Software during a trial period. Keep in mind that the free trial lets you enjoy the Business license and all features and benefits that come with it. When the trial period expires, the Software will stop receiving new email messages and you will not be able to send out new email messages. You will have access to old messages. If during the trial period a user purchases a license and enters the license key within the Software, the trial will automatically convert to a specific version of the Software which was chosen by the user (Home license or Business license).
Types of Licenses. We offer two different types of licenses: Home license and Business license.
- Home License. Home license allows you to use a single email account obtained from free email services such as Gmail, Yahoo, Outlook, etc. Home license does not allow you to use email accounts obtained from custom domains (for example, @simplecodesoftware.com, @slcode.com, etc).
- Business License. Business license allows you to use multiple email accounts from any email services including email accounts from custom domains.
License Fees. The schedule of license fees can be found here: www.scailer.com/prices.
Free Updates Period and License Period. A user who purchases a license is entitled to receiving free updates and new releases of the Software that are rolled out during the first year of the license. However, any updates and new releases of the Software rolled after the first year of the license will not be available to such user unless the user pays the license fee. Following the expiration of the free updates period, the user may use the latest version of the Software for an indefinite period of time.
License Key. When you buy a license, you will receive a license key. Each license key is a unique text linked to its user. This license key must be entered inside the Software during the installation process for the user to authenticate its license purchase.
Using Software on Several Devices. You may not use the same license key for activating the Software on two or several computers. Use of the Software on multiple computers requires a purchase of multiple licenses or a multi-license key (one key with several licenses in it).
Software License Agreement. The Software is the copyrighted work of SimpleCode. Use of the Software is governed by the terms of the Software License Agreement, which accompanies or is included with the Software («License Agreement»). You will be unable to install the Software, unless you first agree to the License Agreement terms shown to you before the start of the installation process. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, SIMPLECODE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
SECTION 3: PAYMENT TERMS AND REFUND POLICY
Payment Terms. Accepted forms of payment: credit/debit card. The default currency for all purchases is US dollars.
You may request a refund within the first 30-day period following the installation of the Software provided that you have not previously used the free trial version of the Software. All refund request should be emailed to email@example.com.
SECTION 5: LICENSE TO USE WEBSITE
License. Subject to the terms and conditions of these Terms, SimpleCode grants you a worldwide, non-transferable, and non-exclusive license of the right to use the Website.
Restricted Uses. The right granted to you in the present Terms is subject to the following restrictions:
- you shall not sell, transfer, or share your license key(s) to any third party;
- you shall not provide inaccurate information about yourself when making a purchase;
- you shall not represent an entity without its prior authorization to do so;
- you shall not engage in anything unlawful, misleading, or fraudulent or for illegal or unauthorized purpose;
- you shall not disable, overburden, impair, or otherwise interfere with servers or networks connected to the Website (e.g., a denial of service attack);
- you shall not attempt to gain unauthorized access to the Website or servers or networks connected to the Website (e.g., through password mining); and
- you shall not restrict or inhibit any other user’s use of the Website, including, without limitation, by means of «hacking» or «cracking» or defacing any portion of the Website.
Modifications/Updates. We reserve the right, at any time, to modify, suspend, or discontinue the operation of the Website or any part thereof with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of operation of the Website or any part thereof. Any future release, update, or other addition to any of functionalities of the Website shall be subject to the terms and conditions of these Terms.
Ownership. We own all right, title and interest, including all related intellectual property rights, in and to the Website. The Website is licensed to you; this means that the Website is under no circumstances sold/transferred to you. Indeed, the present Terms do not convey to you any rights of ownership in or related to the Website. Our name, logo, and other names associated with the Website belong to us and no license of the right to use them by implication, estoppel or otherwise is granted to you hereunder. We reserve all rights not granted in these Terms.
SECTION 6: FORCE MAJEURE
Any delay or failure of SimpleCode to perform its obligations under these Terms will be excused if and to the extent that it was caused by an event or occurrence beyond SimpleCode’s reasonable control and without its fault or negligence («Force Majeure»). Force Majeure includes, but is not limited to, acts of God, actions by any government authority (whether valid or invalid), epidemics, pandemics, fires, floods, windstorms, explosions, riots, natural disasters, wars, sabotage, acts of terrorism, court injunction, or court order. If SimpleCode is claiming Force Majeure, SimpleCode must provide each user with written notice of such delay (including the anticipated duration of the delay) within ten days of the occurrence of Force Majeure.
SECTION 7: NO WARRANTY
The Website and Software are provided on ‘as is’ and ‘as available’ basis, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We do not warrant that your use of the Website or Software will be uninterrupted, timely, secure or error-free. We do not warrant that the Website or Software will meet your expectations. Occasionally some information on the Website may contain typographical errors, inaccuracies or omissions.
SECTION 8: INDEMNIFICATION
You agree to defend, indemnify and hold harmless SimpleCode and its employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use of the Website or Software, or b) a breach of these Terms by you.
SECTION 9: LIMITATION OF LIABILITY
In no event shall SimpleCode, nor its directors, employees, contractors, officers, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Website or Software; (ii) any conduct or content of any third party on the Website or Software; (iii) any content obtained from the Website or Software; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
SECTION 10: DISPUTE RESOLUTION
These Terms shall be exclusively governed by, and construed in all respects in accordance with the laws of the State of New Jersey, USA, without giving effect to the conflict of law principles thereof. Any controversy or claim arising out of or relating to these Terms or the breach of these Terms, which remains unsettled following diligent efforts by each party to reach a mutually acceptable resolution of such claim or controversy, shall be settled by arbitration administered by the American Arbitration Association and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
SECTION 11: MISCELLANEOUS PROVISIONS
Term & Termination. These Terms will remain in full force and effect while you use the Website and/or are a registered user. You may terminate your these Terms at any time and for any reason by contacting us. We may terminate these Terms if we find that you have breached any provision of these Terms. After any termination, all provisions that by their nature may survive termination of these Terms shall be deemed to survive such termination.
No Waiver. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
Assignment. We may assign, transfer or otherwise dispose of these Terms in whole or in part or any of our rights hereunder in connection with a merger, acquisition, reorganization or sale of all or substantially all of our assets, or other operation of law, without your consent. The terms and conditions of these Terms shall be binding upon assignees.
Severability. If any provision of these Terms is, for any reason, held to be invalid, illegal, void or unenforceable, the remainder of the Terms, provisions, covenants and restrictions set forth herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated, and the parties hereto shall use their commercially reasonable efforts to find and employ an alternative means to achieve the same or substantially the same result as that contemplated by such term, provision, covenant or restriction.
Consent to Electronic Notices. You consent to the use of (a) electronic means to execute these Terms and to deliver any notices (including complaints) pursuant to these Terms, and (b) electronic records to store information related to these Terms or your use of the Website or Software. Notices (including complaints) hereunder shall be invalid unless made in writing and given (a) by SimpleCode via email (to the email address that you provide), (b) a posting on the Website or © by you via email to firstname.lastname@example.org or to such other email addresses as SimpleCode may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted.
Mailing Address: 304 Salem Court, Flemington, NJ 08822