Terms of Service
Valid from 10th of August 2020 (see previous version)
SureSwift Capital Inc. (hereinafter “SURESWIFT CAPITAL”), a company incorporated under Canadian laws, corporation number BC1041789, which provides the Mailparser Solution in SaaS mode through its website https://mailparser.io or through the Mailparser application. By registering on the website https://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. SURESWIFT CAPITAL 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.
2. PURPOSE OF THE AGREEMENTThe purpose of this Agreement is to set out the conditions under which SURESWIFT CAPITAL provides the Service to the Client, who accepts it, a nonexclusive and nontransferable right to use the Mailparser Solution. In exchange, the Client agrees to pay the contractual fee and to comply with all requirements set out in the Terms of Service.
3. SERVICE DESCRIPTION, ACCESS AND AVAILABILITY
3.1. Description of the ServiceMailparser Solution is an email parsing SaaS product that extracts data from recurring emails, and allows you to structure that data for use in a variety of use cases. 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 Mailparser are saved and registered. SURESWIFT CAPITAL excludes any liability in the event of a loss of User Data.
3.2. AccessThe 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.
3.3. Availability and supportThe 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 https://support.mailparser.io
4. EMAIL DATA AND EMAIL CONTACTS
4.1. User DataAll data you input into the Mailparser, including info on your Clients will not be freely given to anyone. We do not, under any circumstances, sell either your Email Data or your Email Contacts’ Personal Data. Only authorized employees have access to view User Data. If someone originating from your account account holder or someone contacted via Mailparser at the User’s discretion playing role of “Client” complains or contacts us, we might then contact that person.
4.3. Data Collected for and by our UsersAs you use the Service, you may import into our system Personal Data of yourself or that of other individuals. We have no direct relationship with the third parties added to the Mailparser or any person other than you, and for that reason, you are responsible for making sure you have the appropriate permission for us to collect and process information about those individuals.
5. PRICING, INVOICING AND PENALTIES
5.1. PricingA specific pricing applies to any monthly or annual subscription plan, which are detailed under the page https://mailparser.io/pricing, except for the free Account. The pricing is exclusively in the expressed currency. 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, 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, 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
5.2. Payment and InvoicingAll Subscribed Plans must be paid, through SURESWIFT CAPITAL payment service provider https://stripe.com for in full using a credit card, exclusively with one of the following credit cards : 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. SURESWIFT CAPITAL will provide no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. SURESWIFT CAPITAL 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 https://app.mailparser.io/myaccount/invoices
5.3. PenaltiesIn the event of lack of payment on the due date, the features of the Mailparser available due to a typical scheduled payment will be temporarily suspended until proper payment is made, at the Service’s discretion.
6. MODIFICATION OF SERVICE AND PRICINGSURESWIFT CAPITAL 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 https://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.
7. TERMSThe 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 SURESWIFT CAPITAL: 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 SURESWIFT CAPITAL 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.
8. GRANTING AND UNDERTAKING OF SURESWIFT CAPITALSURESWIFT CAPITAL 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 SURESWIFT CAPITAL. For maintenance operations, SURESWIFT CAPITAL will endeavour to inform the Client in advance by email or via the website https://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 SURESWIFT CAPITAL’s applicable rates.
9. GRANTINGS AND UNDERTAKINGS OF THE CLIENTThe 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 :
- acquire the necessary hardware and software, and to subscribe to telecommunications services (internet access) required to remotely use the Service. The costs for such equipment and for Internet access services are exclusively borne by the Client;
- ensure that the Client is trained to use the Service and Internetbased technologies;
- maintain the security of the Account and the related password;
- accurately transmit, under his/her/its sole responsibility, all information required for the performance of the Agreement and warrants the accuracy of such information. The Client hence commits to report any change to these information;
- pay the contractual fees under the conditions set out in the Agreement;
- respect SURESWIFT CAPITAL’s intellectual property rights;
- refrain from using the Service in conditions that may impair the functioning or safety of the Service;
- refrain from modifying, adapting or hacking the Service or modify another website so as to falsely imply that it is associated with the Service, or with SURESWIFT CAPITAL;
- refrain from reproducing, duplicating, copying, selling, reselling or exploiting any portion of the Service, use of the Service, or access to the Service without the written permission by SURESWIFT CAPITAL;
- Refrain from creating multiple accounts to serve the purpose of “gaming” the free account.
10. LIABILITYThe 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 SURESWIFT CAPITAL is provided solely for the use of the Service but not for the Client’s organization. SURESWIFT CAPITAL 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 all content given by and received by Users 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. SURESWIFT CAPITAL does not warrant that (i) the Service will meet the specific requirements of the Client, (ii) the Service will be uninterrupted, timely, secure, or error free, (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 is kept by SURESWIFT CAPITAL to the extent that it allows performance of the Service, which includes long-term data storage. It is additionally the Client’s responsibility to ensure the storage and registration of all of his/her/its data. SURESWIFT CAPITAL shall not be held responsible for any loss of User Data. SURESWIFT CAPITAL excludes any liability for the suspension of the Account. The Client understands that SURESWIFT CAPITAL 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 SURESWIFT CAPITAL. The Client is therefore solely liable as to the transfer, the download or any use of User Data to or through an External API, excluding any liability of SURESWIFT CAPITAL. 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. SURESWIFT CAPITAL excludes any liability in the events of:
- a downgrading of the Service;
- loss of User Data, features, or capacity of the Client’s Account;
- a modification, price change, suspension or discontinuance of the Service;
- a loss or damage from Client’s failure to comply with the Client’s undertakings, including his/her/its security obligation;
11. TERMINATION FOR BREACHBreach(es) of any of the terms and conditions of the Agreement by the Client may 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, SURESWIFT CAPITAL 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 User Data 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 SURESWIFT CAPITAL 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) SURESWIFT CAPITAL may present as a result of the Client’s breach(es).
12. INTELLECTUAL PROPERTY RIGHTS
12.1. SURESWIFT CAPITAL ownership and undertakingsAll intellectual property rights on the Mailparser Solution and all content available on the website https://mailparser.io or the Mailparser application remain the sole property of SURESWIFT CAPITAL. SURESWIFT CAPITAL 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. SURESWIFT CAPITAL undertakes not to claim any ownership on the User Data and Content processed through the Service, which remain the sole property of the Client.
12.2. The Client’s ownership and undertakingsThe Client remains the owner of all Data and 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 SURESWIFT CAPITAL, such as but not limited to, the intellectual property rights owned on the Mailparser Solution, the related trademark and logo used by SURESWIFT CAPITAL. The Client grants SURESWIFT CAPITAL against any claim, demand, suit or proceedings made or brought against SURESWIFT CAPITAL 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 SURESWIFT CAPITAL for any damages awarded against, and for reasonable legal fees (including attorney’s fees) incurred by SURESWIFT CAPITAL in connection with any such claim, demand, suit or proceedings, provided that SURESWIFT CAPITAL (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 SURESWIFT CAPITAL of its liability) and (iii) provides the Client with all reasonable assistance. All fees incurred will be borne exclusively by the Client.