These Terms of Service (these “Terms”) explain how you can use the TypeApp mobile apps, websites, services and software (collectively “TypeApp”), provided by TypeApp LLC (“TypeApp”: ,“we” or “our”) so please read these Terms before you get started. They apply to all visitors, users and others who access TypeApp (“users”).
By using TypeApp you agree to be bound by these Terms and to the collection and use of your information as spelled out in our Privacy Policy. If you are using TypeApp on behalf of a group, company or organization, you agree to these Terms for that group or organization and represent that you have the authority to do so (in that case, “you” and “your” refers to that group or organization).
Using TypeApp
TypeApp is an Application and Cloud that help you manage your email account and calendar from your device. You can add your Gmail, Yahoo, AOL, iCloud, Outlook.com, Office365, Exchange and other mail accounts.
When signing up for TypeApp, you agree to provide accurate information. You also understand that you are responsible for the activity in your TypeApp and for safeguarding any passwords that you use. You are not allowed to access another user’s account without permission.
Lots of people rely on TypeApp, and we trust you to use TypeApp and our services responsibly – which means, for example, you agree not to interfere with TypeApp or our services or try to access them using a method other than the interface and the instructions that we provide. You agree not to:
- copy, distribute, or disclose any part of TypeApp in any medium;
- probe, scan, or test the vulnerability of any system or network;
- breach or otherwise circumvent any security or authentication measures;
- interfere with or disrupt any user, host, or network, for example: don’t send a virus, overload, spam, or mail-bomb any part of TypeApp;
- plant malware or otherwise use TypeApp to distribute malware;
- send unsolicited communications, promotions or advertisements, or spam;
- send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
- publish anything that is fraudulent, misleading, or infringes another’s rights;
- impersonate or misrepresent your affiliation with any person or entity;
- violate the law in any way, or to violate the privacy of others, or to defame others. (for example, sending illegal or defamatory emails with TypeApp)
We may permanently or temporarily revoke or suspend your access to TypeApp without notice and liability for any reason including your violation of these Terms. Upon termination for any reason or no reason, you continue to be bound by these Terms.
Legal Capacity; Children and Minors
If you are under the age of consent in your country to form a binding agreement, you should only use our TypeApp if you are either an emancipated minor, or have the legal consent of your parent or guardian for your use of our TypeApp. You should use TypeApp only if you are fully able to understand and enter into and comply with these Terms. Use of TypeApp by anyone under 13 is strictly prohibited. You may not access or use the TypeApp for any purpose if either of the representations in this paragraph is not true.
Usage
TypeApp allows you to connect your email account so we can check, process and deliver email on your behalf. By using TypeApp, you allow TypeApp to help manage content, information, emails, and attachments in those emails. By using TypeApp, you give TypeApp LLC permission to hosting or sharing your data as you direct it to through TypeApp. This includes receiving and sending emails. It also includes creating backups of your recent and deferred data to ensure it is safe and always accessible to you. By using TypeApp, you give TypeApp LLC the permissions needed to provide its Services to you through TypeApp, including extending that permission to trusted third parties that help us to run TypeApp (like Amazon AWS, which hosts our Cloud). This and other rare exceptions are outlined in our Privacy Policy, which explains exactly how TypeApp LLC collects and uses your information generally.
Our Proprietary Rights
We retain our rights title and interest in TypeApp, and all that makes up TypeApp, including, without limitation, software, design, text, graphics, logos, patents, trademarks, service marks, copyrights (“our stuff”), and all intellectual property rights related to our stuff. Subject to these Terms, we give you a non-exclusive, limited, non-transferable, freely revocable license to use TypeApp for your personal, non-commercial use only (aka you cannot re-sell TypeApp). We reserve all rights not expressly granted in these Terms in TypeApp and our stuff. These Terms do not provide you with any rights to use our trademarks, logos, domain names, or other brand features. Use of our stuff for any purpose not expressly permitted by these Terms is strictly prohibited.
You may choose to give us feedback or ideas about TypeApp, including improvements (“ideas”). By submitting an idea, you agree that you are doing it out of the goodness of your heart and not for financial gain or other recognition. We are free to use the idea or share it with others, or we may use a similar idea, developed by our employees or obtained from another source.
User Data
You are responsible and liable for your data and what you otherwise copy, share, upload, download, attach, send, receive, record or otherwise use while using TypeApp. You are responsible and liable for anything you copy, share, upload, download, attach, send, receive, record or otherwise do while using TypeApp, and you represent that you have all necessary rights to use your data on or through TypeApp
We will respond to notices of alleged copyright infringement according to the process set out in the U.S. Digital Millennium Copyright Act. Such notices should be reported as outlined in our DMCA Policy. We reserve the right to suspend your account, delete or disable content alleged to be infringing and/or terminate the account of a repeat infringer.
Privacy and Security
Your privacy is extremely important to us – we care about the integrity and security of your personal information. You can have the full insight on how we collect, use, process, transfer, protect, retain and maintain personal information in our Privacy Policy, which is incorporated into these Terms of Service and form an integral part hereof.
Software from TypeApp LLC: Some use of TypeApp requires you to download a client software package (“Application”). To use the Application you must have a device that is compatible, so we cannot guarantee that the Application will work on your device. We grant you a limited, nonexclusive, nontransferable, revocable license to use the Application, solely to access TypeApp. Your license to use the Application is automatically revoked if you violate these Terms. You may not copy, modify, distribute, sell, or lease any part of TypeApp or included software, nor may you reverse engineer or attempt to extract the source code of that software (unless laws prohibit those restrictions or you have our written permission or delete the copyright and other proprietary rights notices on the app).
Software from Apple App Store: You acknowledge and agree these Terms are solely between you and TypeApp LLC, not Apple, and that Apple has no responsibility for TypeApp or the content sent or received using TypeApp. Your use of TypeApp must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support TypeApp services. If TypeApp fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of TypeApp to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to TypeApp, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to TypeApp LLC as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to TypeApp or your possession and/or use of TypeApp, including, but not limited to: (i) product liability claims; (ii) any claim that TypeApp fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and any law applicable to TypeApp LLC as provider of the software. You acknowledge that, in the event of any third party claim that TypeApp or your possession and use of TypeApp infringes that third party’s intellectual property rights, TypeApp LLC, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You and TypeApp LLC acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as relates to your license of TypeApp, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right to enforce these Terms as relates to your license of TypeApp against you as a third party beneficiary of the software.
Software from Google Play: You acknowledge and agree these Terms are solely between you and TypeApp LLC, not Google, and that Google has no responsibility for TypeApp or the content sent or received using TypeApp. Your use of TypeApp must comply with the Google Play Terms of Service. You acknowledge that Google has no obligation whatsoever to furnish any maintenance and support TypeApp services. If TypeApp fails to conform to any applicable warranty, you may notify Google, and Google will refund the purchase price of TypeApp to you; to the maximum extent permitted by applicable law, Google will have no other warranty obligation whatsoever with respect to TypeApp, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to TypeApp LLC as provider of the software. You acknowledge that Google is not responsible for addressing any claims of you or any third party relating to TypeApp or your possession and/or use of TypeApp, including, but not limited to: (i) product liability claims; (ii) any claim that TypeApp fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and any law applicable to TypeApp LLC as provider of the software. You acknowledge that, in the event of any third party claim that TypeApp or your possession and use of TypeApp infringes that third party’s intellectual property rights, TypeApp LLC, not Google, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You and TypeApp LLC acknowledge and agree that Google, and Google’s subsidiaries, are third party beneficiaries of these Terms as relates to your license of TypeApp, and that, upon your acceptance of the terms and conditions of these Terms, Google will have the right to enforce these Terms as relates to your license of TypeApp against you as a third party beneficiary of the software.
Software from Amazon Appstore: You acknowledge and agree these Terms are solely between you and TypeApp LLC, not Amazon, and that Amazon has no responsibility for TypeApp or the content sent or received using TypeApp. Your use of TypeApp must comply with the Amazon Appstore Terms of Service. You acknowledge that Amazon has no obligation whatsoever to furnish any maintenance and support TypeApp services. If TypeApp fails to conform to any applicable warranty, you may notify Amazon, and Amazon will refund the purchase price of TypeApp to you; to the maximum extent permitted by applicable law, Amazon will have no other warranty obligation whatsoever with respect to TypeApp, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to TypeApp LLC as provider of the software. You acknowledge that Amazon is not responsible for addressing any claims of you or any third party relating to TypeApp or your possession and/or use of TypeApp, including, but not limited to: (i) product liability claims; (ii) any claim that TypeApp fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and any law applicable to TypeApp LLC as provider of the software. You acknowledge that, in the event of any third party claim that TypeApp or your possession and use of TypeApp infringes that third party’s intellectual property rights, TypeApp LLC, not Amazon, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You and TypeApp LLC acknowledge and agree that Amazon, and Amazon’s subsidiaries, are third party beneficiaries of these Terms as relates to your license of TypeApp, and that, upon your acceptance of the terms and conditions of these Terms, Amazon will have the right to enforce these Terms as relates to your license of TypeApp against you as a third party beneficiary of the software.
You further agree to abide by any third-party terms that apply when posting reviews of TypeApp, including the Apple App Store Terms of Service and/or the Google Play Terms of Service and/or Amazon Appstore Terms of Service.
Updates: From time to time, we may issue upgraded versions of the Application. You agree that these Terms will apply to all such upgrades. Any third-party code that may be incorporated in the Application is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Application or a copy of the Application, and TypeApp LLC and our partners and suppliers retain all rights and interest in the app. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms, is void. We reserve all rights not expressly granted under these Terms.
Premium Features: While the standard Application and Services is free for use, additional data charges may apply through your mobile service provider. Additional fees may also apply for use of the premium features (“Premium Features”) or other aspects of our Services.
When you purchase the Premium Features or related Services from Google Play Store or Apple App store (“Stores”), including subscriptions and in-app purchases, the payment for such purchases may be processed either by third parties on our behalf, or directly by the Stores. When purchasing the Apps or related Services, including subscriptions and in-app purchases, you agree that these Premium Features will be available to you immediately.
Some of Premium Features may be available on a subscription basis. Subscriptions may be monthly or annually. Payments for such subscriptions would be charged at your account at the confirmation of the purchase. They may be processed by third parties acting on our behalf, or by the Stores. Subscription will automatically renew for the same price and duration period as the original subscription package chosen by you, unless you turn off the auto-renew: (i) in case of an Apple App Store, at least 24-hours before the end of the current subscription period, or (ii) in case of Google Play Store, at any time before the end of the subscription period. Your account will be charged for renewal within 24-hours prior to the end of the current subscription period (Apple), or at the end of the subscription period (Google) at the cost of the chosen package. You may manage subscriptions and turn off auto-renewal by going to the user’s account settings after the purchase. You can cancel the subscription at any time and the cancellation will take effect after the end of the last day of that subscription period.
Modifying and Terminating Service
We are constantly changing and improving TypeApp. We may add or remove features, and while we will do our best to give you advance notice about any major changes, you understand that we may stop, suspend, or change TypeApp at any time without prior notice. We may also remove content from TypeApp at our discretion.
Miscellaneous Legal Terms
Below are some explicit definitions of legal terms.
Indemnity
You agree to defend, indemnify and hold harmless TypeApp LLC and its subsidiaries, agents, licensors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to TypeApp, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your data or any that is submitted via your account; or (vi) any other party’s access and use of TypeApp with your unique username, password or other appropriate security code.
No Warranty
TypeApp is provided on an “as-is” and “as available” basis. Use of TypeApp and the software is at your own risk. To the maximum extent permitted by applicable law, TypeApp and the software is provided without warranties of any kind, whether expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, TypeApp LLC and its licensors, do not warrant that the content is accurate, reliable or correct; that TypeApp or the software will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that TypeApp or the software is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of TypeApp is downloaded at your own risk and you will be solely responsibly for any damage to your computer system or mobile device or loss of data that results from such download or use of the service.
Limitation of Liability
To the maximum extent permitted by law, in no event will TypeApp LLC, its affiliates, officers, employees, agents, suppliers or licensors be liable for (a) any indirect, special, incidental, punitive, exemplary or consequential (including loss of use, data, business, or profits) damages, regardless of legal theory, whether or not TypeApp LLC has been warned of the possibility of such damages, and even if a remedy fails of its essential purpose; (b) any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the greater of $20 or the mounts paid by you to TypeApp LLC for the past three months of the services in question. Some states do not allow the types of limitations in this paragraph, so they may not apply to you. TypeApp is controlled and operated from facilities in the United States and other countries. TypeApp LLC makes no representations that TypeApp is appropriate or available for use in other locations. Those who access or use TypeApp from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations.
Notification Procedures and Changes to these Terms
TypeApp LLC may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by TypeApp LLC in our sole discretion. TypeApp LLC reserves the right to determine the form and means of providing notifications to our users, provided that you may opt out of certain means of notification as described in these Terms. TypeApp LLC is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. TypeApp LLC may, in its sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change the Terms in a material manner, we will update the ‘last modified’ date at the bottom of this page. Your continued use of TypeApp after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) TypeApp.
Governing Law
Governing Law: These Terms and the use of TypeApp services and software will be governed by the law of the State of New York, NY, USA except for its conflicts of laws principles. You agree to submit to the exclusive personal jurisdiction of the federal and state courts located in New York City, NY, except for injunctive or other equitable relief which may be served in a court of competent jurisdiction as the case may be to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights.
Amicable dispute resolution: For any dispute with TypeApp LLC, you agree to first contact us at [email protected] and attempt to resolve the dispute with us informally. In the unlikely event that TypeApp LLC has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any TypeApp LLC claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. The arbitration will be conducted in New York, NY, unless you and TypeApp LLC agree otherwise. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, intellectual property rights, or other proprietary rights. All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and TypeApp LLC are each waiving the right to a trial by jury or to participate in a class action.
These Terms constitute the entire and exclusive agreement between you and TypeApp LLC with respect to TypeApp, and supersede and replace any other agreements, terms and conditions applicable to TypeApp. These Terms create no third party beneficiary rights. TypeApp LLC’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of these Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but may be assigned by TypeApp LLC without restriction. TypeApp LLC and you are not legal partners or agents; instead, our relationship is that of independent contractors.
Please contact us [email protected] with any questions regarding these Terms.
Last Modified: May 17th, 2018