Terms of Service for AoMail

Effective Date: 04/09/2024

1. Introduction

Welcome to AoMail ("Service"), a software as a service (SaaS) application provided by THEO HUBERT ("we," "our," or "us"). By accessing or using our Service, you agree to be bound by these Terms of Service ("Terms"). If you do not agree with any part of these Terms, you may not access or use the Service.

2. Definitions

"Application" : Refers to the AoMail software provided by THEO HUBERT.
"User," "you," and "your" : Refer to you, the person accessing this Application and accepting these Terms.
"Content" : Refers to any information, data, text, software, graphics, messages, or other materials created or provided by Users through the Application.
"Third-Party Services" : Refers to any services or content (including data, information, applications, and other products or services) provided by a third party that may be displayed, included, or made available by the Service.
"Personal Data" : Refers to any information that relates to an identified or identifiable individual.

3. Use of Service

3.1 Eligibility

You must be at least 18 years old to use this Service. By agreeing to these Terms, you represent and warrant that you are at least 18 years of age.

3.2 User Accounts

To access the Service, you must connect your Gmail or Outlook account. You are responsible for safeguarding your account credentials and for any activities or actions under your account. You agree to notify us immediately of any unauthorized use of your account.

3.3 Acceptable Use

You agree not to use the Service:

  • In any way that violates any applicable national or international law or regulation.
  • To transmit, or procure the sending of, any advertising or promotional material, including "junk mail," "chain letters," "spam," or any other similar solicitation.
  • To impersonate or attempt to impersonate THEO HUBERT, a THEO HUBERT employee, another user, or any other person or entity.
  • In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful.
  • To interfere with or disrupt the integrity or performance of the Service or the data contained therein.

4. Intellectual Property

The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of THEO HUBERT and its licensors. The Service is protected by copyright, trademark, and other laws of both France and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without prior written consent from THEO HUBERT.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal and non-commercial use.

5. User Content

You retain all your rights to any Content you submit, post, or display on or through the Service, and you are responsible for protecting those rights. By submitting, posting, or displaying Content on or through the Service, you grant us a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely for providing and improving the Service.

You represent and warrant that:

  • The Content is yours (you own it) or you have the right to use it and grant us the rights and license provided in these Terms.
  • The posting of your Content on or through the Service does not violate any privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person.

6. Privacy

Your use of the Service is governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy for more information on how we collect, use, and disclose information from our users. By using the Service, you consent to the collection and use of your information as outlined in the Privacy Policy.

7. Subscription and Payments

7.1 Fees

You agree to pay the fees for the Service as set forth on our pricing page. We reserve the right to change our fees upon thirty (30) days' notice, which may be provided by posting the changes on our website or via email.

7.2 Billing

We use third-party payment processors to handle all billing and payment transactions. We do not store your payment information. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Service.

7.3 Automatic Renewal

Unless you cancel your subscription before the end of the applicable subscription period, your subscription will automatically renew under the same terms. You may cancel your subscription at any time through your account settings.

7.4 Cancellation and Refunds

You may cancel your subscription at any time. Refunds are provided in accordance with our Refund Policy. If you cancel your subscription, you will not receive a refund for any fees you have already paid.

8. Termination

8.1 Termination by You

You may terminate your account at any time by discontinuing your use of the Service and providing us with notice of termination.

8.2 Termination by Us

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. We reserve the right to delete your account and any data associated with it.

8.3 Effect of Termination

Upon termination, all rights granted to you under these Terms will cease, and you must immediately discontinue all use of the Service. Any provisions that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

9. Indemnification

You agree to defend, indemnify, and hold harmless THEO HUBERT, its affiliates, and their respective officers, directors, employees, agents, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorney's fees) arising from:

  • Your use and access of the Service.
  • Any User Content you submit, post, or display on or through the Service.
  • Your violation of these Terms.
  • Your violation of any rights of a third party, including intellectual property, privacy, or other proprietary rights.
  • Your violation of any applicable laws, rules, or regulations.

10. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall THEO HUBERT, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

  • Your access to or use of or inability to access or use the Service.
  • Any conduct or content of any third party on the Service.
  • Any content obtained from the Service.
  • Unauthorized access, use, or alteration of your transmissions or content.

11. Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

12. Governing Law and Jurisdiction

These Terms shall be governed and construed in accordance with the laws of France, without regard to its conflict of law provisions. Any disputes arising from these Terms or the Service will be subject to the exclusive jurisdiction of the courts located in France.

13. Miscellaneous

13.1 Force Majeure

We shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation, fuel, energy, labor, or materials.

13.2 Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect.

13.3 Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and THEO HUBERT regarding the use of the Service, and supersede any prior agreements regarding the use of the Service.

13.4 Waiver

No waiver of any term of these Terms shall be deemed a continuing waiver of such term or any other term. Any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

14. Changes to Terms

We reserve the right to update or modify these Terms at any time without prior notice. Any changes will be posted on this page, and the "effective date" at the top of these Terms will be updated accordingly. Your continued use of the Service following any such changes constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop using the Service.

15. Dispute Resolution

15.1 Arbitration

In the event of a dispute arising under or relating to these Terms or the Service, you and THEO HUBERT agree to first attempt to resolve the dispute informally. If the dispute is not resolved within 30 days, either party may initiate binding arbitration in accordance with the rules of the International Chamber of Commerce (ICC), located in Paris, France. The arbitration shall be conducted in French.

15.2 Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of France, without regard to its conflict of law provisions. Any disputes will be subject to the exclusive jurisdiction of the courts located in France.

16. Contact Us

If you have any questions about these Terms, please contact us: