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- “Fee”: the amount to be paid to Mailcoach to obtain a Software License for one year . This fee shall always be available at https://mailcoach.app;
- “Software”: the Mailcoach software as a software product listed and described on https://mailcoach.app, including all present and future bug fixes, corrections, updates, upgrades, modifications, new features or functionalities and documentation through videos;
- “You”: any user of the Software.
2. Content of the Software
3. Purchase and download of the Software
3.2. The installation package shall be available after the payment of the Fee. You have to fill in a purchase form at https://mailcoach.app with your personal- and payment information. Mailcoach reserves the right to cancel the purchase if the purchase form is incomplete or incorrect.
3.3. When You purchase the Software License, You shall be able to download the most recent version of the Software. You are able to download the most recent version of the Software with a valid Software License at any time.
3.4. The Software License expires one year after the payment of the Fee.
3.5. When the Software License expires, the latest downloaded version of the Software can still be used.
3.6. The Software License is always bound to one domain or one subdomain.
3.7. If You want to run the Software on another domain or subdomain, You shall need an additional Software License.
3.8. You shall be able to determine which Software License belongs to which domain or subdomain. If You have purchased a Software License, You can always invite other members to the Software after the installation thereof.
3.9. Mailcoach provides the following purchasing options:
- The Mailcoach package: this package shall contain the Mailcoach install package and extra video footage about the use of the Software.
- The Mailcoach videos: this package shall only include the video footage.
More info about the different purchase options is available at https://mailcoach.app.
3.10. For purchasing the Software, a valid e-mail address is needed.
4. Use of the Software
4.1. Mailcoach is the owner or licensee of all rights in relation to the Software as a result of which all Software is copyrighted under applicable law.
4.2. You shall not modify, copy, sublicence, lease, sell, publish, transmit, (re)distribute, perform, reverse engineer, assign, disassemble, decompile, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Software, in whole or in part. Nor do You have the right to transfer the Software to third parties.
4.3. When the Software is downloaded to your the device, You do not obtain any ownership interest in such Software. Modification of the Software or use of the Software for any other purpose is strictly prohibited, unless You receive our prior written consent.
4.4. You undertake not to take any action that imposes an unreasonable or disproportionately large load on the infrastructure of our Software or that attempts to interfere with the proper working of our Software.
4.5. You shall not perform any action with the intention of damaging our Software through viruses, ‘worms’, defects, ‘Trojans’, ‘malware’, ‘spyware’ or items of a destructive nature.
4.6. You shall not use our Software in a manner that could harm a person or otherwise harm, defame, abuse, harass or threaten a person or encourage third parties to do so.
4.7. You shall not use our Software in a manner or for any purpose that is contrary to a law or other regulation, or for a transfer of data that is or may be illegal, defamatory, intimidating, invasive or harmful to the privacy of third parties , or contains viruses, or violates or may violate the intellectual property rights or other rights of Mailcoach, its licensors or other individuals or entities.
4.8. You shall not attempt to gain access to reserved or protected parts of our Software, to which he has not obtained explicit access.
4.9. We are authorized to send You messages via e-mail regarding the use of our Software. If You provide feedback or suggestions regarding our Software, we may use this information to improve the Software without any obligation to You.
4.11. If You use our Software on a device and/or platform of a third party, You are also bound by the general conditions of use/terms and conditions of that third party when using our Software. You confirm that You have taken note of such general conditions of use/terms and conditions and that You accept them. If this is not the case, You shall not be allowed to use our Software.
5. Duration – Termination
5.2. You are entitled to terminate your use of the Software but shall, for the avoidance of doubt, in no event be entitled to the repayment of the Fee.
5.3. The downloaded Software can be used unlimited without any restrictions after the purchase thereof. There is no termination on the use of the Software after the purchase of the Software License, but You are only entitled to download the most recent version of Software as long as You are holding a valid Software License, as described in Article 3.
6. Updates and support
6.1. Mailcoach can update the Software and its functionalities as it deems required at its sole discretion. Mailcoach may update the Software without notifying You.
6.2. Mailcoach does not offer any technical support. Therefore Mailcoach also doesn’t support You with assistance in solving problems arising from the installation or the use of the Software. You buy the Software as it is. Mailcoach also doesn’t offer training, maintenance-, or direct support to your staff or partners.
7. General Terms of Payment
7.1. All payments concerning the purchase of the Software License shall be handled by Paddle in accordance with its terms and conditions. Paddle handles all payments through https://mailcoach.app by using Paddle’s SDK. Mailcoach does not store any of your payment details.
7.2. All invoices with a one-time only purchase fee for the Software License shall 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.
8. Intellectual Property and data processing
8.1. The Software License grants You permission to download, install-, and use the latest version of the Software. You do 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 applicable law.
8.3. Intellectual property rights protect the installation packages of the Software.
8.4. It is forbidden to use the Software to (try to) develop your own SaaS. Mailcoach reserves all its rights to take legal action if You try to convert the Software to create Your own SaaS.
8.5. 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, is strictly forbidden.
9. Disclaimer of Warranty
9.1. The Software is provided as is, “as available” and without warranties of any kind, either express or implied. Mailcoach does not warrant that the Software shall meet your requirements or that the Software shall be uninterrupted or error-free. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, satisfactory quality and fitness for a particular purpose, compatibility, security, or accuracy.
9.2. Any use of the Software by You is under your responsibility and at your own risk. You are the sole responsible for the accuracy of data input into the Software. In no event shall Mailcoach be liable concerning the consequences of the use of the Software by You.
9.3. You acknowledge and agree that Mailcoach has no obligation to maintain, support, upgrade or update the Software.
9.4. To the extent permitted by applicable law, Mailcoach shall not be liable for delays, service interruption or other issues inherent to the use of the Internet and electronic communications or other system beyond the control of Mailcoach.
11. Third-Party Licenses
12. Applicable Law – Jurisdiction
13.3. In case and insofar express or implied restrictions are not permitted by applicable law, these express or implied restrictions remain valid and enforceable to the extent permitted by this applicable law.