("Terms", "Agreement") are an agreement between the Developer ("Extension Developer", "us", "we" or "our") and you ("User", "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the Email Insight extension and any of its products or services.
To use Email Insights you must be, and represent and warrant that you are, of legal age (18 years of age or older or of legal age in your own jurisdiction) and are competent to agree to these terms of service. You also completely agree to privacy policy of Email Insights. If you have been previously prohibited to use Email Insights, you are not permitted to access our services.
In addition to other terms as set forth in the Agreement or in the privacy policy , you are prohibited from using the extension or its Content: (a) for any unlawful purpose (b) to solicit others to perform or participate in any unlawful acts (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability (f) to submit false or misleading information (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services provided (h) to collect or track the personal information of others (i) to spam, phish, harm, pretext, spider, crawl, or scrape for any obscene or immoral purpose or (k) to interfere with or circumvent the security features of the Services provided. We reserve the right to terminate your use of the Services provided by us for violating any of the prohibited uses.
Without our prior written consent, you may not download, copy or store Email Insights and its contents in any form outside of product offered and you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, or distribute Email Insight related content. You agree that all data and algorithms in our flash files and associated servers are "trade secrets", and cannot be used unless allowed by us, you agree to comply with reasonable written requests from us to help us in protecting our proprietary and intellectual property rights in Email Insights. All intellectual property rights in Email Insights are, as between you and Email Insights, the sole and exclusive property of Email Insights.
Email Insights grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Services solely as permitted by these Terms. We reserve all rights not expressly granted to you by these Terms.Email Insights reserves the right to suspend the services provided to the consumers if felt necessary which includes but is not limited to: (a) maintenance of any kind, (b) Any consumer is in breach of this Agreement
We reserve the right to modify, suspend, or discontinue the Services (in whole or in part) at any time, with or without notice to you.
If any kind of payments are made to Email Insights, you agree to comply with our reasonable decision to provide one or not.
The services, information, content and products (including software) are made available on an “AS IS” and “AS AVAILABLE” basis, unless specified in writing, Email Insight does not offer any warranties or representations of any kind. You agree to that fact that your use of the services provided by us are at your sole risk.
You understand and comply to the fact that we do not warrant the quality of any products, services, information or other materials if any obtained will meet your expectations or that any errors in the services will be corrected.
You expressly understand and agree that, to the extent permitted by applicable laws , Email Insights shall not be held liable for any direct, indirect , incidental , special, consequential or exemplary damages, which includes but is not limited to the loss of profits, goodwill or any intangible losses resulting from the use or inability to use the services provided by us.
You fully understand and comply to the fact that all the results obtained from the use of the services may not be accurate or reliable.
(a) You may terminate the TOS, with or without cause and at any time, by discontinuing your use of the Service and destroying all materials obtained from the Service. (b) You agree that, without notice, We may terminate the TOS, or suspend your access to the Service, with or without cause at any time and effective immediately. The TOS will terminate immediately without notice from us if you, in our sole discretion, fail to comply with any provision of the TOS. (c) Email Insights shall not be liable to you or any third party for the termination or suspension of the Service, or any claims related to the termination or suspension of the Service. Upon termination of the TOS by you or us, you must discontinue your use of the Service and destroy promptly all materials obtained from the Service and any copies thereof.
You agree at your own expense, to indemnify, defend and hold harmless Email Insights and its directors, officers, employees, representatives, successors, agents from and against any and all claims, damages, liabilities, costs, expenses.
You agree to the fact that Email Insights reserve the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in that event you will fully cooperate. You also acknowledge and agree to pay our reasonable attorneys’ fees incurred in connection with any and all lawsuits brought against you by Email Insights under the TOS and any other terms and conditions of service, including without limitation, lawsuits arising from your failure to indemnify Email Insights pursuant to the TOS.
This Agreement shall be governed by and constructed in accordance with the applicable laws of India.