Valid from 14th of July 2016 (see previous version)
DAUSINGER DIGITAL EURL is a company incorporated under French laws with a capital of 1 000 euros. Its head office is located at 326, rue de Vaugirard, 75015 Paris, France (hereinafter “DAUSINGER DIGITAL”), registered in the RCS Paris under the number 804 433 373 00011, which provides the Mailparser Solution in SaaS mode through its website mailparser.io or through the Mailparser application.
By registering on the website mailparser.io or using the Service, the Client acknowledges that he/she/it has read, understood and agreed to the entirety of these Terms of Service. DAUSINGER DIGITAL strongly advises the Client to print and/or save a copy of the Terms of Service.
These Terms of Service may be amended from time to time. It is the Client’s responsibility to review these Terms of Service frequently and to remain informed of any changes implemented. The Client agrees that the continued use of the Service after such changes to the Terms of Services have been published will constitute the Client’s acceptance of such revised terms.
In this Agreement, words or phrases beginning with a capital letter shall have the following meanings:
“Account” means the account of the Client after entering into the Agreement, which enables the Client to use the Service.
"Client" means the individual or legal entity, professional only, with whom DAUSINGER DIGITAL entered this Agreement and whose name and address appear on the Account. The Client and DAUSINGER DIGITAL are hereinafter collectively referred to as the “Parties” or individually as a “Party”.
“Content” means any data, whether personal or not, contained in the Processed Email sent by the Client to the Inbox(es) and processed through the Mailparser Solution. "Documentation" means all documents that may be viewed, printed and/or downloaded free of charge in electronic form from the website mailparser.io, including the knowledge base (support.mailparser.io), and the blog (mailparser.io/blog), describing the functionalities of the Service and the Mailparser Solution.
"Inbox(es)" means the inbox(es) related to one email address generated for the processing of the Processed Emails sent by the Client. Each inbox contains one set of parsing rules tailored to the layout of the Processed Emails.
"Mailparser Solution" means the Mailparser software, as well as any related applications, developed and published by DAUSINGER DIGITAL.
“Parsing Rule(s)” means the collection of simple instructions, standard or tailored, which tell the Mailparser Solution algorithm what nature and kind of data the Client wants to pull out from the Processed Emails.
“Parsed Content” means any data, whether personal or not, extracted through the Mailparser Solution on the basis of the Parsing Rule.
“Personal Data” means any information relating to a natural person who is or can be identified, directly or indirectly.
"Processed Emails" means the emails, including the attachments, sent by the Client through he/she/its Account to one of his/her/its Inbox(es) to be processed through the Service.
"Service" means the grant of access to the Mailparser Solution by DAUSINGER DIGITAL and the use of the Mailparser Solution in SaaS mode by the Client, whether through the website mailparser.io or through the Mailparser application, under the terms and conditions set out in the Agreement.
"Subscribed Plan" means the feebased plan subscribed by the Client for a fixed monthly or an annual period, which appears on the Account (and then possibly modified by the Client). The Service is provided through separate offers, which functionalities are described on the website mailparser.io, or through specific tailored offer (s).
“External Application Programming Interface” or “External API” means an external web service to the Mailparser Solution, being webapps (API) or the Client's scripts, to which the Client may send Parsed Content.
The purpose of this Agreement is to set out the conditions under which DAUSINGER DIGITAL provides the Service to the Client, who accepts it, a nonexclusive and nontransferable right to use the Mailparser Solution in SaaS mode. In exchange, the Client agrees to pay the contractual fee and to comply with all requirements set out in the Terms of Service.
Mailparser Solution is an hosted email processing software, which enables the Client to pull Parsed Content from Processed Emails, based on the Parsing Rules defined by the Client. Mailparser Solution provides the Client with the possibility to download or send the Parsed Content to External APIs.
The Service does not include any storage service. The Client understands that he/she/it is has the sole responsibility to ensure by all means available that all data contained in the Processed Emails, Content and Parsed Content are saved and registered. DAUSINGER DIGITAL excludes any liability in the event of a loss of Processed Emails, Content and Parsed Content.
The Client accesses the Service through his/her/its own and personal Account. The Client’s Account may only be used by one person, a single Account shared by multiple people is not permitted. The Client bears all liability as to the access and the use of the Account. The Account requires the Client to provide his/her/its legal full name, a valid email address, and any other information requested in order to complete the registration process. The Client may create one or more Inbox(es) for the same Account, depending on the Subscribed Plan.
The Service is available to the Client 24 hours a day, 7 days a week during the term of the Agreement and within the limits set out in the Agreement. Support for the Services is only available in English, via email (email@example.com). Various questions and concerns of the Client may find a quick answer by visiting support.mailparser.io.
A specific pricing applies to any monthly or annual subscription plan, which are detailed under the page Pricing, except for the free Account for a limited period of 30 days. The pricing are in euros or in dollars and all tax excluded, except when expressed otherwise. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and the Client shall be responsible for payment of all such taxes, levies, or duties in its jurisdiction.
The Client may have access to a free Account for a period of 30 calendar days, during which the Client uses the Service free of charge. Each Client may subscribe only once to a free Account and shall not maintain more than one free Account. At any time during the trial period, the Client may opt for a Subscribed Plan, which will be charged automatically. For any upgrade or downgrade of the Subscribed Plan, the new price will apply as of the day following the date of the change in the Subscribed Plan. The billing cycle remains unchanged and the invoicing will include the details as to the pro rata. In the event of an amendment of the Client’s Subscribed Plan or a change from the Subscribed Plan to a free Account, the Client shall not be entitled to a refund. Further details on how changes and cancellations of Subscribed Plans are handled can be found here: https://support.stripe.com/questions/handlingsubscriptionchanges
All Subscribed Plans must be paid, through DAUSINGER DIGITAL payment service provider (Stripe Payments Europe Ltd), for in full using a credit card, exclusively with one of the following credit card : Visa, Mastercard, Amex. The Client must enter valid credit card information.
The Service is billed in advance on a monthly or annual basis, irrespective of the use of the Service made by the Client. The amount already paid is neither fully or partially refundable. The lack of use or the temporary discontinuance of the Service during the duration of the Subscribed Plan shall not have the effect of extending the duration of the Agreement or the Service, nor qualify for a refund or any compensation whatsoever. DAUSINGER DIGITAL will provide no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
DAUSINGER DIGITAL shall automatically send the Client an email receipt for each payment. In addition, the Client may also download a PDF version of the invoice including the Client’s details in his/her/its Account in the section "Account > Invoices & Billing".
In the event of lack of payment on the due date, DAUSINGER DIGITAL is entitled to require payment of (i) the entire debt, (ii) a penalty for delay of three times the legal interest rate and (iii) a lump fee for fees recovery in accordance with Article L. 4416 of the French Commercial Code.
DAUSINGER DIGITAL reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time.
Prices of all Services, for the monthly or annual subscription plan to the Service, are subject to changes at any time. Such notice may be provided at any time by posting the changes on the website mailparser.io, the Mailparser application or the Service itself. Such changes shall not apply for the ongoing Subscribed Plans and shall only apply for the Subscribed Plans entered after the modification of pricing.
The Agreement will be effective after the creation of an Account by the Client, including a free Account, and will remain in effect until its termination by either Party. The minimal duration of the Agreement is one (1) month as from the date of the subscription of a monthly Subscribed Plan and one (1) year as from the date of the subscription of an annual Subscribed Plan.
All Subscribed Plans will renew for successive periods of the same duration by tacit agreement, unless terminated by either Party by email (for the Client: to the Client’s email address provided in the Account; for DAUSINGER DIGITAL : firstname.lastname@example.org) at least 7 (seven) working days before the end of the Subscribed Plan. It is the sole responsibility of the Client to anticipate the end of the Subscribed Plan, which consequences will be borne exclusively by the Client. No amount received in advance by DAUSINGER DIGITAL for the Subscribed Plan will be refunded. All Content and Parsed Content will be automatically deleted from the Service at the termination date of the Agreement. The Client is aware that the Content and the Parsed Content cannot be recovered after the termination date of the Agreement.
DAUSINGER DIGITAL undertakes to use all reasonable and human resources to provide the Service, subject to (i) the full payment by the Client of the contractual fees and (ii) interruptions, suspension or discontinuance of all or any portion of the Service due to maintenance, service disruption or failure external to DAUSINGER DIGITAL. For maintenance operations, DAUSINGER DIGITAL will endeavour to inform the Client in advance by email or via the website mailparser.io or the Mailparser application. The temporary interruptions of the Service, of any kind, will under no circumstances give rise to indemnification of any kind to the Client’s benefit. Any service not expressly provided for in the Agreement, such as training, support, etc., shall be subject to a separate agreement, based on a quotation established according to DAUSINGER DIGITAL’s applicable rates.
The Client, who enters into the Agreement on behalf of a company or other legal entity, grants that he/she/it has the authority to bind such entity and its affiliates. The Client grants to be a natural or a legal entity, acting as a professional, excluding any robots. Accounts registered by "bots" or other automated methods are not permitted.
The Client undertakes to :
Accordingly, the Client is responsible for any damages such data could cause to DAUSINGER DIGITAL, to a third party, to the Service and will hold DAUSINGER DIGITAL harmless against any claims that may be brought against DAUSINGER DIGITAL by a third party because of such data and, more generally, the Client’s use of the Service. While the Agreement prohibits such conduct and Content on the Service, the Client understands and agrees that DAUSINGER DIGITAL cannot be held responsible for the Processed Emails and Content submitted to the Service. The Client therefore agrees to use the Service at his/her/its own risk.
DAUSINGER DIGITAL may remove Processed Emails, Content, Parsed Content and Accounts containing data that DAUSINGER DIGITAL considers in its sole discretion as unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any Party's intellectual property right(s) or the Agreement.
The Service is provided on an “as is” basis and “as available” basis. The Service shall not substitute any other function in the Client’s organization. The information given by DAUSINGER DIGITAL is provided solely for the use of the Service but not for the Client’s organization. DAUSINGER DIGITAL has an obligation of means and does not provide any implicit or explicit warranty as to the use of the Service.
The use of the Service is provided at the Client's sole risk. The Client understands that the technical processing and transmission of the Service, including the Processed Emails, the Content and the Parsed Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
DAUSINGER DIGITAL does not warrant that (i) the Service will meet the specific requirements of the Client, (ii) the Service will be uninterrupted, timely, secure, or errorfree, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any information, or other material obtained by the Client through the Service will meet the Client's expectations, and (v) any errors in the Service will be corrected.
The Content and the Parsed Content is kept by DAUSINGER DIGITAL for a period of 30 calendar days maximum by default for the performance of the Service, excluding any data storage. Therefore, it is the Client's responsibility to ensure the storage and registration of his/her/its data, including the Processed Emails, Content and Parsed Content. DAUSINGER DIGITAL shall not be held responsible for any loss of Processed Emails, Content and Parsed Content.
DAUSINGER DIGITAL might block the Client’s Account in the event that the Client went over the limit of the Subscribed Plan. DAUSINGER DIGITAL excludes any liability for the suspension of the Account.
The Client understands that DAUSINGER DIGITAL uses third party vendors and hosting partners to provide the necessary hardware, software, networking, billing, storage, and related technology required to run the Service.
The Clients also understands that, while the Mailparser Solution offers tools to easily set up a connection with such systems, External APIs are published and maintained by an independent provider external to DAUSINGER DIGITAL. The Client is therefore solely liable as to the transfer, the download or any use of the Processed Emails, Content, Parsed Content to or through an External API, excluding any liability of DAUSINGER DIGITAL. The Client is aware that he/she/it may have to enter into a specific and separate agreement as to the use of the External API.
DAUSINGER DIGITAL excludes any liability in the events of:
The Client expressly understands and agrees that DAUSINGER DIGITAL shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if DAUSINGER DIGITAL has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute services resulting from any services purchased through or from the Service; (iii) unauthorized access to or alteration of the Processed Emails, Content or Parsed Content; (iv) statements or conduct of any third party on the Service; (v) or any other matter relating to the Service.
In any case, the overall liability of DAUSINGER DIGITAL is strictly limited to the overall fees paid by the Client for the ongoing Subscribed Plan.
Breach(es) of any of the terms and conditions of the Agreement by the Client will result in the termination of the Agreement and the closing of the Client's Account. Should the Client fail to remedy the said breach within seven (7) days from the suspension of his/her/its access to the Service, DAUSINGER DIGITAL shall be fully entitled to terminate the Agreement with immediate effect and without prior notice. From the termination date, the Client will no longer be able to use the Service. The Client's Content and the Parsed Content relating to the Client’s Account will be deleted without the Client being entitled to any compensation. The Client shall be solely responsible for the consequences of the termination of the Agreement, in particular in terms of continuity of its internal management and commercial activities.
No amount received in advance by DAUSINGER DIGITAL for the Subscribed Plan will be refunded and the Client shall not be entitled to any compensation whatsoever.
Suspension of the Service and/or termination of this Agreement shall not prevent or otherwise impede the claim(s) DAUSINGER DIGITAL may present as a result of the Client’s breach(es).
All intellectual property rights on the Mailparser Solution and all content available on the website mailparser.io or the Mailparser application remain the sole property of DAUSINGER DIGITAL. DAUSINGER DIGITAL warrants that it has developed the Mailparser Solution and owns the intellectual property rights to the Mailparser Solution and all elements used to provide the Service.
DAUSINGER DIGITAL undertakes not to claim any ownership on the Processed Emails and Content processed through the Service, which remain the sole property of the Client.
The Client remains the owner of all Processed Emails, Content and Parsed Content processed under the Agreement.
The Clients undertakes to refrain from any act or behavior that may directly or indirectly affect the intellectual property rights owned by DAUSINGER DIGITAL, such as but not limited to, the intellectual property rights owned on the Mailparser Solution, the related trademark and logo used by DAUSINGER DIGITAL.
The Client grants DAUSINGER DIGITAL against any claim, demand, suit or proceedings made or brought against DAUSINGER DIGITAL by a third party alleging that the Content, the use of the Service in violation of the Agreement, infringes, misappropriates the intellectual property rights of a third party or violates applicable law and regulation. The Client undertakes to indemnify DAUSINGER DIGITAL for any damages awarded against, and for reasonable legal fees (including attorney’s fees) incurred by DAUSINGER DIGITAL in connection with any such claim, demand, suit or proceedings, provided that DAUSINGER DIGITAL (i) promptly informs the Client in writing of the claim, demand, suit or proceeding, (ii) gives the Client the sole control of the defense and settlement of the claim, demand, suit or proceedings (such settlement may be entered to the extend that said settlement releases unconditionally DAUSINGER DIGITAL of its liability) and (iii) provides the Client with all reasonable assistance. All fees incurred will be borne exclusively by the Client.
The Client is considered the data controller within the meaning of the Act n°7817 of 6 January 1978 on information technology, data files and civil liberties, in particular for the Processed Email, the Content and the Parsed Content within the framework of the Agreement. The Client therefore undertakes expressly to comply with all applicable data protection regulations and to carry out any necessary formalities.
DAUSINGER DIGITAL and the Client undertake to keep confidential all information and documents concerning each Party, of any nature whatsoever, to which the relevant Party may have referred to, or provided, during the performance of the Agreement. The above shall not prevent DAUSINGER DIGITAL to mention its commercial relationship with the Client, as provided below.
DAUSINGER DIGITAL uses all technical means which may be reasonably used for the performance of the Service. DAUSINGER DIGITAL shall therefore not be held liable in the event that the Service is not available in the case of force majeure, including but not limited to, network failure, strike, natural disaster, earthquake, public telecommunication network failure, failure of Internet connection due to private or public agents to which DAUSINGER DIGITAL relies upon.
The Client waives any right to indemnity of any nature whatsoever in the event of force majeure and DAUSINGER DIGITAL shall not be held liable for any cost incurred due to the impossibility to use the Service.
At any time and at its own discretion, DAUSINGER DIGITAL reserves the right to assign, subcontract, transfer and / or provide all or part of the rights and obligations subject of the Agreement to a third party in any form whatsoever.
This Agreement constitutes the entire Agreement between the Parties with respect to the subject matter hereof. It supersedes all prior negotiations, contracts, and undertakings between the Parties with respect to such matter.
The fact that one of the Parties did not request the application of any provision of this Agreement shall in no event be deemed or interpreted as a waiver of the right that Party has under this provision.
The Client allows DAUSINGER DIGITAL to mention its company name or name and the Service provided for commercial purpose only.
The Agreement is subject to the laws of France. Any dispute, controversy or claim arising under, out of or relating to the validity, interpretation and performance of the Agreement shall be referred to and finally determined by the competent courts of Paris (France).