END USER LICENSE AGREEMENT

Last Update: 30 September 2014

1. Agreement

Please read this End User License Agreement (the “EULA”) carefully because it is a legally binding contract that applies when you download and/or use MailBuzzr mobile application (the “App”). The App is owned and operated by Aversys Mobile, a Singapore business entity (“We,” “Us,” or “Our”).  The EULA is concluded between you and Aversys Mobile only, and not with Apple. Aversys Mobile, not Apple, is solely responsible for the App and the content thereof.  Your visits to the App indicate your acceptance of this EULA, as well as our Privacy Policy [http://www.mailbuzzr.com/privacy-policy]. If you do not want to agree to any provision of the EULA or the Privacy Policy, you must exit the App.

2. Venue

  • The App is an email client that allows users to read email from various email providers (e.g. Hotmail, Gmail, Yahoo, AOL, and iCloud mail) via IMAP protocol, with customizable themes and push notifications. The App is a neutral venue that does not monitor any content transmitted through it by the end users. WE ASSUME NO LIABILITY FOR ANY MATERIALS TRANSMITTED THROUGH, OUR APP.  OUR APP IS PROVIDED “AS-IS” WITH NO WARRANTIES OF ANY KIND. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
  • Free version of the App contains advertising. The compensation received for advertising does not constitute endorsement of advertised products or services by us. Any advertised claims and representations should be verified with the manufacturer or provider.

 

3. Intellectual Property

  • License. The license granted to you for the App is limited to a non-transferable license to use the App on any iPhone or iPod touch that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.

  • IP Ownership. We own all intellectual property rights to the App. App contents, features and functionality (such as all displays, images, design, selection and arrangement thereof) are the property of Aversys Mobile and its content suppliers.  Our intellectual property rights are protected by Singapore and international copyright, trademark, trade secret, and other intellectual property or proprietary rights laws. You must not remove, modify or conceal any copyright or other notices contained on the App.

  • IP Infringement. We respect the intellectual property rights of others. We, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any intellectual property infringement claim.  All claims of intellectual property infringement on our App will be investigated if reported to admin@aversys.com. If we believe that any content violates any applicable law, we will remove or disable access to any infringing content and/or terminate or suspend the offending party’s account.

  • Indemnification. You agree to defend, indemnify and hold harmless the App, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of this EULA or your use of the App, including, without limitation, your data and conduct

 

4. Your Obligations

  • You are responsible for making all arrangements necessary for you to have access to the App.

  • You must treat all your login credentials confidential. Do not disclose them to any third party. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. The App supports push notification when there is new email. For push notification to work, the email and password or authentication token is sent to our servers so our server can check periodically for new emails and send the notification to user.

  • By downloading and/or using the App, you represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties..

 

5. Prohibited Conduct

You must not:

  • Use the App for any illegal purpose, to violate anyone’s rights, including, without limitation, copyright, privacy and publicity rights.

  • Use our App to transmit any threatening, harassing, racially offensive, obscene or similar material we deem objectionable.

  • Access the App to build a competing service.

  • Send spam, promotional materials.

  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the App, the server on which the App is stored, or any server, computer or database connected to the App.

  • Introduce any viruses or other harmful code of any kind, use any device, software or routine that interferes with the proper working of the App.

  • Otherwise attempt to interfere with the proper working of the App or anyone’s use and enjoyment of it.

 

6. Monitoring and Enforcement; Termination

  • We have the right to take any action that we deem necessary or appropriate for violation of this EULA. We may:

  1. Fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the App.

  2. Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

  3. Terminate or suspend your access to all or part of the App for any or no reason, including without limitation, any violation of this EULA.

  4. Block violator’s IP address and/or notify his or her Internet Service Provider.

  5. Take appropriate legal action.

  • We may withdraw or change our App in any way we deem appropriate without prior notice to you. We are not liable if for any reason all or any part of the App is unavailable at any time or for any period.

 

7. Disclaimer of Warranty

You agree that all content uploaded, posted on, transmitted through, or linked from the App, is the sole responsibility of the originator of such content and links. APP AND ITS CONTENT ARE PROVIDED “AS IS,” WITH NO WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE APP WILL MEET YOUR EXPECTATIONS OR REQUIRMENTS. THE USE OF AND RELIANCE ON ANY CONTENT IS AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY CONTENT MADE AVAILABLE.

 

8. Limitation of Liability

  • IN NO EVENT WILL WE, OUR EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APP, ANY CONTENT ON THE APP, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

  • IN NO EVENT WILL OUR AGGREGATE LIABILITY EXCEED THE PURCHASE PRICE YOU PAID FOR THE APP. NO CLAIM, SUIT OR ACTION MAY BE BROUGHT AGAINST US AFTER SIX (6) MONTHS FROM THE DATE THE UNDERLYING CAUSE OF ACTION OCCURRED.

  • Aversys Mobile and you acknowledge that Apple is not responsible for addressing any of your claims, or any third party claims, relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Aversys Mobile, not Apple, shall be responsible for addressing such claims.

 

9. General

  • Relationship of the Parties. This EULA does not create any agency, joint venture, partnership, employer-employee relationship. End users and Aversys Mobile are independent contracting parties.

  • Assignment. You may not assign your rights and obligations under this EULA without our prior written consent. We may transfer, assign or subcontract the rights, interests or obligations under the EULA, at our sole discretion, without obtaining your consent.

  • Third Party Beneficiary. You and Aversys Mobile acknowledge that Apple, and Apple’s subsidiaries, are third party beneficiaries of the EULA, and that, upon your acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against you as a third party beneficiary thereof.

  • Severability. Should any part of this EULA be rendered or declared invalid by an appropriate authority, such invalidation of such part or portion of this EULA should not invalidate the remaining portions thereof, and they shall remain in full force and effect.

  • Waiver. Enforcement of this EULA is solely in our discretion, and failure to enforce the EULA in some instances does not constitute a waiver of our right to enforce them in other instances.

  • Linking. You may link to our App in a way that is legal, fair and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

  • Governing Law and Jurisdiction. The App is governed by, and construed in accordance with, the laws of Singapore, with the exclusion of its principles of conflicts of laws which would permit the application of laws of another jurisdiction. Any litigation, dispute or claim arising from or related to the use of the App shall be subject to the jurisdiction of the courts of Singapore and you hereby accept to submit to the exclusive jurisdiction of those courts.

  • Updates. We update this EULA every once in a while as we deem appropriate, without notifying you. The date of last update is indicated at the top of this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you. Your continued use of the App following the posting of revised EULA constitutes your acceptance of the changes

  • Contact Us. All feedback, comments, requests for technical support and other communications relating to the App should be directed to admin@aversys.com.