1.2. Mailcoach software – The Mailcoach software as software product listed and described on mailcoach.app, including all present and future bug fixes, corrections, updates, upgrades, modifications, new features or functionalities and documentation through videos.
Hereafter also referred to as “software”.
1.4. License – The license that the user will buy to download and use Mailcoach.
1.6. Trademark – Mailcoach’s trademarks, trade names, logo’s, used to identify herself, its products, and services.
1.7. Website - The Mailcoach website accessible at mailcoach.app.
2. Content of the Mailcoach software
3. Purchase and download of Mailcoach
By buying a Mailcoach license, the user consents to these terms.
3.1. To download Mailcoach, the user has to purchase a license first. The installation package will be available after the payment. The user has to fill in a purchase form at mailcoach.app with his personal- and payment information. Mailcoach will cancel the purchase if the purchase form is incomplete or incorrect.
When a user buys the license, he’ll be able to download the most recent version of Mailcoach.
The user can always download the most recent version of Mailcoach with a valid license.
The Mailcoach license expires one year after the purchase.
The user won’t be able to download the latest version of Mailcoach when the license expires, but he will still be allowed to use his last downloaded version of Mailcoach. The license is always bound to a domain.
If you want to run Mailcoach on another domain, then you’ll also need a second license.
The user will be able to determine which license belongs to which domain.
Mailcoach offers the following purchase options:
- The Mailcoach package: this package will contain the Mailcoach install package and extra video footage about the use of the Mailcoach software
- The Mailcoach videos: this will only include the video footage.
More info about the different purchase options is available at mailcoach.app.
3.2. Users can only purchase Mailcoach with a valid e-mail address.
3.3. The Mailcoach license is bound to 1 domain or 1 subdomain. The user who has bought the license can always invite other members to Mailcoach after the installation.
4. Duration - Termination
4.1. The Mailcoach software can be used unlimited without any restrictions after the purchase.
4.2. There is no termination on the use of the Mailcoach software after the purchase of the license, but keep in mind that you can only download the most recent version of Mailcoach with a valid license, as described in article 3.1.
4.3. The user does not have the right to resell, rent out or sublicense the Mailcoach software in any form, nor does he have the right to transfer the Mailcoach software to third parties.
5. Updates and support
5.1. Mailcoach can update the software and its functionalities as it deems required at its discretion. Mailcoach may update the software without notifying the user.
5.2. Mailcoach does not offer technical support for the user. Therefore Mailcoach also doesn’t support the user with assistance in solving problems arising from the installation or the use of the Mailcoach software. You buy the product as it is. Mailcoach also doesn’t offer training, maintenance-, or direct support to staff or partners of its users.
6. General Terms of Payment
6.1. Paddle handles all payments through the Mailcoach website by using Paddle’s SDK. Mailcoach does not store any payment details of the user.
All invoices with a one time only purchase fee for the license will be sent as a PDF and are automatically charged. Payments have to be completed with a credit card or PayPal unless Paddle offers alternative payment methods.
7. Intellectual Property and data processing
7.1. The user buys the Mailcoach software license. The license grants the user permission to download, install-, and use the latest version of Mailcoach. The user does not obtain any property rights on the software itself. At all times, Mailcoach remains the exclusive owner of the software, as well as the sole holder of all copyrights and other intellectual property rights on this software. Its code and structure are valuable trade secrets of Mailcoach, which are protected by Belgian copyright laws and international treaties.
7.2. Mailcoach does not store any user data, but the Mailcoach software stores e-mail addresses and e-mail lists. According to the General Data Protection Regulation, Mailcoach itself can not be considered a data processor for its users. Mailcoach doesn’t save any subscribers, subscriber lists, e-mails, or e-mail templates of its users.
7.3. Intellectual property rights protect the installation packages of the Mailcoach software.
7.4. It is forbidden to use the Mailcoach software to develop your own SaaS. Mailcoach will take legal action if users try to convert the software to create their own SaaS.
8. Disclaimer of Warranty
8.1. The Mailcoach software is provided as is, with all its faults, as mentioned in article 5.2. Mailcoach provides the software without any warranty. Mailcoach does not warrant that the software will meet the user’s requirements or that the software will be uninterrupted or error-free.
8.2. Any use of the software by the user is under its responsibility and at its own risk. The user is the sole responsible for the accuracy of data input into the Mailcoach software. In no event shall Mailcoach be liable concerning the consequences of the use of the Mailcoach software by its users.
9. Ownership & Confidentiality
9.1. All the ideas, software code and arrangements shall remain the exclusive property of Mailcoach and shall under no circumstances be communicated to third parties. Copying of the software in any form whatsoever and using any process whatsoever, constitutes an act of forgery or unfair competition.
10. Third-Party Licenses
11. Applicable Law – Competent Court