Terms of Use

Shared Email Templates for Outlook

Effective date: November 18, 2022

Introduction

Welcome and thank you for choosing our product. These Terms of Use are a legally binding agreement between you and Office Data Apps sp. z o.o. that governs your use of Shared Email Templates for Outlook.

Definitions

When we say "Services", we mean collectively the Shared Email Templates web application located on https://email-templates.app/, Shared Email Templates add-in for Microsoft Outlook available from Microsoft AppSource (https://ablebits.com/go.php?to=shared-email-templates-signup&label=terms-of-use), and Shared Email Templates backend infrastructure located on Amazon Web Services.

Services are offered by Office Data Apps sp. z o.o., a limited partnership established under the laws of the Republic of Poland ("we", "our", or "us").

When we say "Personal Data", we mean all personal data or personal information or personally identifiable information (as defined by applicable law).

When we say "you", "user", or "users", we mean all of customers and consumers that access our Services.

The following terms and conditions ("Terms") govern your access to and/or use of Services.

Acceptance of Terms

Services are offered and provided subject to your acceptance of the terms and conditions contained herein and all other policies (including, without limitation, our Privacy Policy (https://www.ablebits.com/docs/outlook-shared-templates-privacy-policy/)) and procedures that may be published from time to time by us related to Services which shall be incorporated herein by reference. By accessing, registering for, and/or using Services in any manner, you agree to Terms herein. If you do not agree to our Terms, do not use Services.

License to use our Services

Rights to access and/or use Services and ownership

By using Services and subject to your compliance with Terms:

  • We grant to you a subscription-based, limited, per-user, non-exclusive, non-transferable, revocable right to use and/or access Services
  • Neither Terms nor your access to and/or use of Services transfers to you and/or any third party any rights, title, and/or interest in any intellectual property rights related to Services
  • You agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell, and/or resell any content, software, products, and/or services obtained from and/or through Services without the express prior written permission of us.

Reservation of rights

Our Services are protected by applicable intellectual property laws, including United States copyright law and international treaties. Subject to the limited rights expressly granted hereunder, we reserve all rights, title, and interest in and to Services, including, without limitation, all related worldwide intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.

Availability of content

We do not guarantee that any content will be made available on Services.

We reserve the right to, but do not have any obligation to remove or block any content in our sole discretion, at any time, with or without notice to you, and for any reason (including, but not limited to, upon receipt of claims and/or allegations from third parties and/or authorities relating to such content and/or if we are concerned that you may have violated Terms), and/or for no reason at all.

We reserve the right to impose and change limits or restrictions (temporary or otherwise) on the use of Services, including, but not limited to, restrictions on storage provided through a link to storage space, the time/age of the items/files, the number or size of the items/files, the amount of data downloaded or uploaded, and/or any other criteria we may specify. Any your content exceeding any such limit may be removed or not accepted for such storage without any liability on our part.

Free trial subscription plan

We provide a 60-day free trial subscription plan available here: https://www.ablebits.com/outlook-shared-email-templates/. The free trial subscription plan is fully functional Services, whereby you may subscribe to Services at no obligation during the 60-day period. When the free trial subscription plan has expired, you should choose a paid subscription plan or stop using Services.

A paid subscription plan is automatically enabled for you when you consummate the ordering process and, at the end, you click on the "Place order" button.

After completing the order for a subscription, you shall receive a subscription key. Once the subscription key has been entered or activated, the rights of use and functionalities in accordance with the subscription plan you ordered shall be available to you. Payment terms are described below in the Payment section.

Subscription plans changes

We reserve the right to modify, suspend, or discontinue the subscription plans at any time.

Marketing of Services

As part of the registration process, you may also optionally subscribe to our newsletters. We will only use your email address to send you newsletters and promotional emails with your express consent. You may opt out of receiving our email communications at any time by clicking an unsubscribe link at the bottom of every email or by sending us an email stating your request through the contact information below. This opt-out does not apply to information provided to us as a result of your support requests regarding Services.

Customer support service

We provide support services for you related to Services ("Customer Support Service"). With respect to technical information you provide to us as part of Customer Support Service, we may use such information for our business purposes, including Services improvements and features development.

Scope of use

Use of Services and availability

We reserve the right, in our sole and absolute discretion, to deny access to and/or use of Services by anyone in case of violation of these Terms.

Although we make reasonable efforts to ensure the availability of Services, Services may be unavailable from time to time. You understand and agree that there may be interruptions in the provision of Services and/or in the use and/or access to Services due to circumstances both under our control (such as scheduled maintenance) and beyond our control.

You are solely responsible for ensuring that your access to and/or use of Services comply with all laws, rules, and regulations applicable to you, and the right to access and/or use Services is terminated if your access and/or use of Services are prohibited.

In addition, Services are offered for your use only and not for the use and/or benefit of any third party.

Creating an Account

To register for, access, and/or use Services, you must create an account ("Account"). Your Account requires you to:

  • provide personal Account information, including first and last name, username, email address, and additional information such as a company name, number of users for a company Account
  • as an option, submit other available form of authentication during the registration process to support the single sign-on feature
  • indicate agreement to these Terms

You agree not to create an Account and/or use Services if you have previously been removed by us and/or blocked from using Services. You agree that we shall not be liable to you and/or any third party for the suspension and/or termination of your Account and/or any denial of access to and/or use of Services (or any part thereof).

You must provide accurate and complete Account information and keep it up to date.

You must not:

  • choose and/or use as a username the name of another person with the intent to impersonate that person
  • use as a username a name that is subject to any rights of a person other than you without proper permission
  • use a username that is otherwise offensive, vulgar, and/or obscene

You are solely responsible for maintaining the security of your Account, and you are solely responsible for all activities that occur under your Account and for any other actions taken in connection with your Account.

Your Account is non-transferable and may not be sold, merged, and/or otherwise transferred to any other person. If you violate these Terms, we may terminate your Account immediately. You must notify us immediately of any change to your right to use Services, breach of security, and/or unauthorized access to and/or use of your Account. You must never publish and distribute your Account login details. If we terminate your Account, you will not be able to sign up for a new Account unless we formally invite you. You must notify us immediately of any unauthorized use of your Account or any other breach of security.

We shall not be liable for any acts and/or omissions on your part, including, but not limited to, any damages of any kind incurred because of such acts and/or omissions.

Restrictions

Except as expressly specified in Terms, you agree not to, and you will not permit others to:

  • modify, make derivative works of, disassemble, decompile and/or reverse engineer any part of Services
  • license or sublicense, copy, reproduce or otherwise duplicate, distribute or republish, disclose, time-share, sell or rent or loan, display or post and/or transmit Services in whole or in any part in any form and/or by any means
  • use any metatags and/or other "hidden text" using our name and/or trademarks or service marks
  • use and/or access Services to create a similar and/or competitive website, product, and/or service
  • remove and/or destroy any copyright notices and/or other proprietary notices contained in Services
  • intentionally hold us and/or our employees up to ridicule, public scorn, and/or defamation
  • promote and/or provide information about illegal activities and/or causing physical harm and/or injury to any group, individual, institution, and/or property
  • take any action or omission that imposes or may impose (as determined by us in our sole and absolute discretion) an unreasonable and/or disproportionately large load on our (and/or our third-party providers) infrastructure
  • run any form of "spam" on Services or use Services to conduct or forward illegal contests, pyramid schemes, chain letters, unsolicited or unauthorized advertising, or unsolicited email
  • use Services for any illegal purpose and/or in violation of any international, state, federal law, code of conduct, and/or other guidelines that may apply to Services provided
  • store, distribute, or transmit any malware, viruses, or other harmful material while your use our Service
  • provide the functionality of Services to multiple users by any means, including, but not limited to, distributing Services or uploading Services to a network and/or file-sharing service and/or through any hosting, application services provider, and/or any other type of service
  • circumvent or disable any security or technology features or measures of Services. You agree to comply with any technical restrictions on Services that only allow you to use Services in certain ways. Any unauthorized use of Services terminates the rights granted by us under Terms

All ownership and copyright in Services (including, but not limited to, any images, source codes, files, photographs, distributions, texts included in Services) and accompanying printed materials belong to us. Services are protected by copyright laws and international treaty provisions.

Payment

All subscription fees due and payable under Terms are exclusive of applicable taxes (any sales, use, consumptions, value-added, or any other tax), which will be added at the prevailing rate from time to time. When you sign up for a paid plan, you are agreeing to pay and take responsibility for all charges made in accordance with the chosen plan. Bank and credit card charges shall be borne by you. All fees and charges shall be payable immediately and in the currency specified in the order.

Subscription term

Unless otherwise specified in the order, the subscription has an initial term of twelve (12) months.

Test period, refunds, and cancellation

All paid subscription plans include a test period. You may terminate an annually paid subscription within thirty (30) calendar days of the conclusion of the order. In such a case, you shall be provided with a refund of any prepaid, unused fees (if any) paid to us.

Once you submit a cancellation request after the end of the test period, no additional fees will be charged. However, in this case, no refund (proportional or otherwise) will be issued upon cancellation.

Billing, renewal, and auto-renewal

Our annual plans provide year-to-year access, with annually charges being made each renewal date (the same date of the year that you originally signed up for the plan).

You can renew your subscription either automatically or manually. If auto-renewal is enabled by default, your subscription will renew at the due date for the same period. The card that you used when placing the original order is debited. A notification and receipt are sent to the billing email address.

You can check your renewal settings, turn off auto-renewal, or manually renew your subscription in your personal Account in Services. If you are a company administrator, renew users' subscriptions via the company Account in Services.

Unsuccessful charges and subscription suspension

If for any reason a payment is declined, you must immediately update your billing information as required by our payment provider.

We may, without liability to you, terminate access to all or part of Services if any fees due are not paid within seven (7) days after such fees are first due and payable in accordance with Terms. In the event of the foregoing, we are not obligated to provide any and/or all of Services until such fees are paid in full. Account that has been suspended may be reactivated if the payment can be successfully processed for all charges accrued to the Account after the unsuccessful charge.

Price changes

We shall be entitled to reasonably increase subscription fee effective as of the end of the initial subscription term or any renewal subscription term.

User content

Responsibility for user content

All content that you or your users upload, create, send, distribute, and/or post on Services, including, but not limited to, email templates, images, graphics, files, text, document or data files, Personal Data, email messages, HTML code, personalization settings and other information and/or content that is or may be provided to us or entered and/or uploaded by you through Services ("User Content") is the sole responsibility of the person who created such User Content. You represent that you own and/or have the necessary permissions to use and use User Content as described in these Terms.

Accuracy, legality, and respect for intellectual property

You represent and warrant that:

  • any information and/or User Content you provide in connection with your access to and/or use of Services is true, accurate, and complete, and you will maintain and update such information regularly
  • any information and/or User Content that you provide in connection with your access to and/or use of Services does not infringe any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of public use, and/or other rights
  • you will respect intellectual property and all our rights, the rights of other Services users, and the rights of all our third parties

Content provided by others

Services may contain User Content provided by other users. Please carefully choose the information you post on Services through and/or in connection with them. You assume all risks associated with User Content, including any reliance you place on its quality, accuracy, and/or reliability. We are not responsible for and have no control over such User Content. We disclaim any liability for your disclosure of personal or confidential information that you submit through Services to other users. You are responsible for ensuring that users of Services to whom you provide Personal Data or confidential information take appropriate security and confidentiality measures.

Rules for deleting User Content

If your subscription period has expired and you do not use Services for more than twelve (12) months, we may automatically delete all User Content.

However, we may collect aggregated anonymous data based on User Content that cannot identify any person and that is obtained and/or generated because of your use of Services.

Prohibited User Content

You agree that you will not under any circumstances use in Services any User Content that:

  • is illegal and violation of any international, state, federal law, code of conduct, and/or other guidelines that may apply to Services provided
  • abuses, defames, harasses, threatens, or incites physical harm to any group or individual
  • is pornographic, discriminatory, or otherwise victimizes and/or intimidates an individual and/or group because of age, gender, religion, race, sexual orientation, ethnicity, and/or disability
  • is spam, constitutes pyramid schemes, chain letters, any form of lottery and/or gambling, unsolicited or unauthorized advertising, or unsolicited email
  • contains any malware, viruses, worms, and/or other harmful content
  • infringes on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of public use, and/or other rights
  • contains payment card data, including credit or debit card data
  • violates the privacy of any party

Review of User Content

Enforcement

We cannot and do not undertake to screen, review, edit, censor, or otherwise filter User Content because by design User Content is encrypted and we cannot decrypt and review it.

We reserve the right (but have no obligation) to investigate and/or take appropriate action against you in our sole discretion if you violate Terms and/or otherwise create liability for us or any other person. Such retained right shall be interpreted as coming under your documented instruction for the processing of Personal Data. Such action may include, without limitation, removing your User Content, terminating your Account, and/or reporting you to law enforcement authorities.

User Content liability

We shall not be liable for any loss, removal, or failure of delivery to the intended recipient of User Content, whether caused by computer virus, unauthorized access, and/or otherwise.

You may retain a backup copy of all User Content and should you do so, you undertake that you shall do so in respect of all uploaded User Content. We reserve the right to deny access to this site and delete User Content at any time without notice.

Third-party service providers

You acknowledge and agree that we use third-party service providers to host and provide Services and store User Content, and such User Content will be protected in accordance with the security, confidentiality, and integrity measures of those third parties. You are responsible for properly setting up and using Services and for taking appropriate steps to protect, maintain secure, and back up any User Content. We are not responsible for any unauthorized access, modification and/or deletion, destruction, damage, loss and/or failure to store any User Content and/or other information that you submit and/or use in connection with Services (including, but not limited to, because of your mistakes, actions, or omissions).

Term and termination

Subject to this section, Terms will remain in full force and effect while you access or use Services. In case of violation of these Terms, we may terminate your Account or your access at any time, with or without cause, with or without notice, with immediate effect and without liability, which may result in the termination of your Account and removal of User Content.

You agree that we will not be liable to you or any third party for any action taken. If you wish to terminate your Account, you may do so through your Account by following the instructions. We will not be liable to you for any termination of your rights under Terms, including, but not limited to, termination of your Account and/or deletion of your User Content.

Account with the expired subscription that has not been used in the last twelve (12) months is deemed abandoned, and we may, in our sole discretion, permanently delete such Account and terminate these Terms with or without prior notice.

Disclaimer

We are under no obligation to be involved in any dispute or incident you have with other users of Services. We disclaim all liability in connection with any prohibited User Content transfer to Services. You are solely responsible for any damages arising from the use of any User Content. We are not responsible for unauthorized access to your Account or automatic transmission of messages or viruses (whether caused by viruses or otherwise).

Disclaimer of warranties and limitation of liability

Disclaimer of warranties

Services are provided by us to you on an "AS IS", "AS AVAILABLE" basis, except as expressly set forth in our Terms. We do not make any other warranty of any kind whether express, statutory and/or implied, including, but not limited to, any implied warranties of title, non-infringement, merchantability, and/or fitness for a particular purpose, accuracy, and from course of dealing, usage and/or trade practice, all of which we expressly disclaim.

Without limiting the foregoing, we make NO WARRANTY that:

  • Services and/or content will meet your requirements and/or will be constantly available, uninterrupted, timely, secure, and/or error-free
  • the results that may be obtained from the use of Services will be effective, accurate, and/or reliable
  • we will be liable and/or otherwise responsible for any failure and/or delay in updating Services and/or any content. No advice and/or information, whether oral and/or written, obtained by you from us and/or through your access to and/or use of Services shall create any warranty not expressly stated in Terms

If applicable law requires any warranties with respect to Services, all such warranties are limited in duration to sixty (60) days from the date of first use. No oral or written information or advice given by us and/or our authorized representatives will create a warranty. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Limitation of liability

In no event will we be liable to you or anyone else for:

  • any special, incidental, indirect, consequential and/or punitive damages whatsoever, including those resulting from loss of use, data and/or profits, whether foreseeable, regardless of the form of action, whether in contract, tort (including negligence), warranty, strict liability, and/or any other legal or equitable theory, even if we have been advised of the possibility of such damages in advance
  • any bugs, viruses, malware, and/or the like (regardless of the source of origination). The foregoing shall apply despite any negligence, misconduct, errors, and/or omissions by our employees.

Because some US states do not allow the exclusion and/or limitation of liability for consequential and/or incidental damages, in such US states, our liability is limited to the maximum extent permitted by law. Our maximum aggregate liability to you for direct damages that you suffer in connection with Services is limited to the amount paid by you to us in connection with Services in the six (6) month period immediately preceding the date of the claim. The limitations of damages set forth above are fundamental elements of the basis of the bargain between us and you.

Indemnity and waiver

Indemnification

You agree to indemnify and hold harmless us, our employees, and our contractors from all demands, proceedings, losses, costs, damages, awards, fees, expenses, and/or liabilities of any nature including, without limitation, reasonable attorneys' fees, in connection with or because of your violation of these Terms or any law or regulation.

We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you will assist and cooperate with us in asserting any available remedies. You agree not to resolve any matter without our prior written consent. We will use reasonable efforts to notify you of any such request, action, or proceeding as soon as we become aware of it.

Waiver

You hereby forever discharge and release us, our employees, and our contractors from, and hereby waive and relinquish, each past, present and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, and/or that relates directly or indirectly to:

  • Services
  • any inaccurate, incomplete, unreliable, illegal, or infringing content posted on Services, whether caused by us or any user of Services, or by any of the equipment or software associated with or utilized in Services
  • any injury, loss, or damage caused by another user or User Content posted on Services, whether online or offline
  • the conduct of any user, whether online or offline
  • any error, omission, interruption, deletion, defect, delay in operation and/or transmission, communications line failure, theft and/or destruction and/or unauthorized access

If you are a California resident, you hereby waive California civil code section 1542 in connection with the foregoing, which states: "a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her, must have materially affected his or her settlement with the debtor".

Third-party sites

Services may provide links to various other independent third-party products and/or services ("Linked Sites") that may be of interest to you and are for your convenience only.

We do not control and/or endorse such Linked Sites and are neither responsible for their content nor responsible for the accuracy and/or reliability of any information, data, opinions, advice, and/or statements contained within such Linked Sites.

You will need to make your own independent judgment regarding your interaction with Linked Sites at your own risk. We encourage you to be aware when you leave Services and to read the terms and conditions and privacy policy of each Linked Site that you visit.

We reserve the right to terminate any link at any time in our sole and absolute discretion.

We disclaim all warranties, express and implied, as to the accuracy, validity, and legality and/or otherwise of any materials and/or information contained on such Linked Sites.

Miscellaneous

Applicable law

To the extent international data protection laws apply to the processing of Personal Data between us and you, the default Data Processing Agreement ("DPA") found at https://www.ablebits.com/docs/outlook-shared-templates-dpa/ is incorporated by reference and forms a part of these Terms, unless expressly provided otherwise in writing by both parties.

Entire agreement

Unless otherwise agreed to by us and you in writing, our Terms (including, without limitation, the terms and conditions set forth herein and our operating rules, policies, and/or procedures, as described above) constitutes the entire agreement between us and you concerning the subject matter hereof.

Governing law

These Terms should be interpreted and construed in accordance with the laws of the Republic of Poland (a member state of the European Union) without regard for any conflict of rules laws. All disputes arising out of these Terms should be brought in front of the competent courts of the Republic of Poland.

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Assignment

You may not assign your rights under Terms to any other party without our express prior consent. We may assign our rights under Terms without condition. Terms will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Force majeure

Except for payment obligations, neither we nor you will be liable by reason of any failure or delay in the performance of obligations on account of events beyond the reasonable control of a party, which may include denial-of-service attacks, a failure by a third-party hosting provider or utility provider, shortages, riots, pandemics, fires, acts of God, war, strikes, terrorism, and governmental action.

Changes of Terms

We may make changes to these Terms and/or our other policies, operating rules, and/or procedures at any time, in our sole and absolute discretion. It is our policy to post any changes we make to our Terms on this page. The date these Terms were last revised is identified at the top of the page.

If we make material changes to these Terms, we may also notify you by email through the email address specified in your Account and through a notice on Services.

You are responsible for ensuring we have an up-to-date active and deliverable email address for you and for periodically visiting our Services and reviewing these Terms to check for any changes.

If you do not agree with the changes and/or modifications, you shall not use Services after the effective date of the changes. The then-current version of Terms will supersede all earlier versions. You agree that your continued use of our Services after such changes have been published will constitute your acceptance of such revised Terms, policies, operating rules, and/or procedures (as applicable).

Any changes to our policies, operating rules, and/or procedures shall be incorporated by reference herein.

Notices

All notices provided by us to you under these Terms may be delivered in writing by regular mail to the contact mailing address provided by you on any Services order or by electronic mail to the electronic mail address provided for your Account.

All legal notices provided by you to us under these Terms must be delivered in English and in writing by regular mail to the address in the Contact section below or by electronic mail to privacy@ablebits.com. All other notices provided by you to us under these Terms must be delivered in English by electronic mail to support@ablebits.com.

All notices provided by either party to the other party shall be deemed to have been given immediately upon delivery by electronic mail or upon the earlier of proof of receipt or two (2) business days after being deposited in regular mail or with a courier.

Contact

If you have any questions about these Terms, please contact us at company@ablebits.com or the following physical address:

Office Data Apps sp. z o.o.
Warszawska str, 109, office 5,
Lomianki, 05-092, Poland

Annex 1: Third-party Software Integrated in Services

The following third-party software was used under license to develop Services.

Software name License agreement
Angular https://angular.io/license
Core-js https://github.com/zloirock/core-js/blob/master/LICENSE
Crypto-js https://github.com/brix/crypto-js/blob/develop/LICENSE
Custom-event-polyfill https://github.com/kumarharsh/custom-event-polyfill/blob/master/LICENSE
Dexiejs https://github.com/dfahlander/Dexie.js/blob/master/LICENSE
Focus-visible https://github.com/WICG/focus-visible/blob/master/LICENSE.md
Jwt-decode https://github.com/auth0/jwt-decode/blob/master/LICENSE
Microsoft Authentication Library for JavaScript https://github.com/AzureAD/microsoft-authentication-library-for-js/blob/dev/LICENSE
Ngx-device-detector https://github.com/KoderLabs/ngx-device-detector/blob/master/LICENSE
Passport https://github.com/jaredhanson/passport/blob/master/LICENSE
PrimeNG https://github.com/primefaces/primeng/blob/master/LICENSE.md
Socketio https://github.com/socketio/socket.io-client/blob/master/LICENSE
Svgxuse https://github.com/Keyamoon/svgxuse/blob/master/license
Rxjs https://github.com/ReactiveX/rxjs/blob/master/LICENSE.txt
Rxjs-compat https://github.com/ReactiveX/rxjs/blob/master/LICENSE.txt
Tensorflow.js https://github.com/tensorflow/tfjs/blob/master/LICENSE
Tensorflow.js https://github.com/tensorflow/tfjs-models/blob/master/LICENSE
TinyMCE https://github.com/tinymce/tinymce/blob/master/LICENSE.TXT
CodeMirror https://github.com/codemirror/CodeMirror/blob/master/LICENSE
JQuery https://github.com/jquery/jquery/blob/main/LICENSE.txt
Zendesk App Framework SDK https://github.com/zendesk/zendesk_app_framework_sdk/blob/master/LICENSE