TERMS OF SERVICE
Date of last revision: 13.2.2020
- Legal notice
The following terms and conditions govern your use of the Gmail Analytic Google Sheets Add-On application (Gmail Analytics) available at G Suite Marketplace.
You hereby represent that you are of legal age in the jurisdiction of your citizenship and can, therefore, be bound by these Terms.
If you are entering this Agreement on behalf of your employer or another entity, you hereby represent that you have the authority to bind such entity to this Agreement and access the reports and analytics that are produced through the use of the App, in which case the term “Customer” includes and references such employer or entity.
If you Agreement do not have such authority or does not agree with these terms and conditions, you must not accept this Agreement and may not use the App.
By accepting the Terms you agree to comply with any applicable laws, regulations, and the Google API Terms of Service, available here: https://developers.google.com/terms/ and agree and warrant that any data accessed through your use of the Service does not require any further protection than that afforded by the customary security protections in place within the industry.
PLEASE REVIEW THIS AGREEMENT CAREFULLY. BY CLICKING “Accept” BELOW, REGISTERING FOR, AND/OR USING THE APP IN ANY MANNER, YOU ARE AGREEING TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS TERMS.
- Changes to the Terms
- Gmail Analytic App
Subject to your payment of the applicable fees and under the terms of and subject to the restrictions in this Terms, the Operator will provide you with the App, purchased pursuant to an offer made on the GG Suite Marketplace or our Website on the date of your subscription or purchase for the term you select. You may use and access the App in connection with a compatible electronic mail account. Your rights to use the App are non-exclusive and non-transferable. The Operator may from time to time modify the App and add, change, or delete features of the App at its sole discretion. Your continued use of the App after any such changes to the App constitutes your acceptance of these changes.
- Your Access and Acknowledgements
Depending upon the version of the App selected by we may require domain-wide access to all email accounts in the domain, or to specific email accounts, for use with the App in order to process the metadata of such emails (including headers, but excluding the actual contents and attachments of such emails).
You hereby acknowledge and agree that you have all necessary rights, consents, and authority to use the App with respect to all email accounts you registered to be used with the App, including, without limitation, the right to access all of the email information and resulting reports, analytics, and other metrics associated with such accounts.
When using the App for an entire domain, your email service administrator, on behalf of you, acknowledges that he or she is allowed to do so and is also allowed to access the App and resulting information and the App will have access to the email metadata of all accounts within the domain, unless the administrator takes further steps to limit the access to a subset of users.
You further acknowledge and agree that you are solely responsible for: (a) all use of the App by you and any other party utilizing your email account(s), with or without authorization; (b) maintaining the confidentiality of your email account(s) and password(s); and (c) ensuring that your use of the App and your email account(s) complies with all applicable privacy and data security rules, regulations and laws. You further acknowledge and agree that we have no control over and shall not be responsible for any changes by your email provider to the email application, including, without limitation, such changes which may affect the App, and you shall indemnify and hold us harmless with respect to any losses, damages, or claims arising therefrom.
- Free Trial
If you register for a free trial, the Operator will make the App available to you on a trial basis free of charge until the earlier of (a) the end of the free trial period for which you registered to use the App, or (b) the start date of any purchased subscriptions. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Terms by reference and are legally binding.
Note that your data stored on our servers or in our possession or control, customer reports, and any customizations made to the App by or for you during the free trial may be permanently lost or deleted at the end of the free trial period unless you purchase the App before the end of the trial period.
Notwithstanding anything to the contrary herein, during the free trial, the App is provided “as-is” without any representations or warranties.
- Fees and payments
You undertake to pay the applicable fees as set forth in an offer made on the GG Suite Marketplace or our Website on the date of your subscription or purchase unless otherwise agreed upon in writing.
Should you fail to make payment of the applicable fees when due, the Operator reserves the right to suspend access to the App or terminate this Agreement and your right to use the App.
If you obtain access or the right to use the App without fees or expense, the foregoing provisions of this Section 6 shall not apply, and the Company shall have the right to suspend your access to the App or terminate this Agreement and your right to use the App at any time and without liability to you.
We use third-party service providers to process your Payment Information. If you submit your Payment Information, you agree to pay all costs that you incur, and you give us permission to charge you when payment is due for an amount that includes these costs and any applicable taxes and fees.
- Your Representations and Warranties
THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE, OUR LICENSORS, AND OUR THIRD PARTY SERVICE PROVIDERS DO NOT WARRANT THAT THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WE DO NOT CONTROL, ENDORSE, OR TAKE RESPONSIBILITY FOR ANY CONTENT AVAILABLE ON OR LINKED TO THE SERVICES OR THE ACTIONS OF ANY THIRD PARTY OR USER. WHILE WE ATTEMPT TO MAKE YOUR ACCESS TO AND USE OF OUR APP SAFE, WE DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT ANY REPORTS, ANALYSIS, OR INFORMATION MITS USE OR ANY PORTION THEREOF WILL BE WITHOUT FAILURES, UNINTERRUPTED, OR ERROR-FREE, WILL BE ACCESSIBLE IN ANY PARTICULAR HARDWARE/SOFTWARE ENVIRONMENT, OR WILL MEET YOUR PARTICULAR REQUIREMENTS.
THE APP IS NEITHER DESIGNED NOR INTENDED FOR HIGH-RISK ACTIVITIES.
- Limitation of liability
Under no circumstances will the Operator be held liable for any loss of your email, data, records, or other materials. Customer acknowledges that the Operator has no control over the functioning of the Internet, G Suite, Gmail, or any other email provider, email service, or third-party applications used in connection with the App, and makes no representations or warranties of any kind regarding the performance of the internet or any such third-party applications.
In no event shall the Operator be liable for any damage, loss, or other payments towards you or any third party in relation to the Operator’s performance or the App, or in any manner related to this Agreement or the App, exceeding the total value of your subscription payments made in the less 12 months.
In the event the foregoing exclusion of liability is unenforceable under any applicable law, the parties further agree that in no event shall the Operator’s aggregate liability to you exceed EUR 1000, nor shall the Operator be liable for special, consequential, incidental, indirect or punitive loss, damage or expenses whether arising in contract or tort (including but not limited to lost profits, loss of data, or the cost of recreating lost data), even if it has been advised of their possible existence. These limitations of liability will apply notwithstanding any failure of essential purpose of any limited remedy.
- Your Covenants
- Intellectual Property
The Operator owns all intellectual property rights on, and in relation to the App including but not limited to all software, scripts, programming and comparable materials used therein or related thereto (“Software”), trademarks, trade secrets, look and feel structure, organization, design, algorithms, templates, data models, logic flow, text, graphics, logos, and screen displays, and any other proprietary rights associated therewith.
You undertake not to copy, modify, reverse engineer, decompile or disassemble the Software, or otherwise attempt to reconstruct or discover the source code for the Software.
The Company reserves all rights in the App not expressly granted to you hereunder. We shall have a royalty-free, worldwide, transferable, and perpetual license to use or incorporate into the App any suggestions, ideas, enhancement requests, feedback, or other information provided by you in relation to the App.
- Term and Termination
Term. This Agreement will be effective as of the earlier of (a) the date you accept this Agreement, or (b) the date you first accesses or uses the App, and, unless sooner terminated as herein provided, will continue until the term set forth in your last order or subscription has expired or been terminated.
Termination for Convenience. The Operator may discontinue providing the App and terminate this Agreement at any time provided we provide thirty (30) days’ prior notice of such termination if you are paying a subscription to use the App in which case we undertake to refund you on a prorated basis for any prepaid fees for the unused remainder of the term following the effective date of such termination. You may discontinue your use of the App and terminate this Agreement at any time. In the event of your termination for convenience, you will not be entitled to a refund of any fees paid and Customer you agree to pay any unpaid fees covering the remainder of the term.
You shall indemnify, defend and hold the Company and its officers, directors, owners, employees, and affiliates harmless from and against any and all liability, damages, injuries, losses, costs and expenses (including attorney’s fees) arising out of or relating to your use of the App, including but not limited to liability, damages, injuries, losses, costs and expenses arising from any claims relating to Customer’s breach of any representations, warranties, or covenants in this Agreement.
- Dispute Resolution.
We want you to enjoy the App, so if you have an issue or dispute, you agree to raise it and try to resolve it with us informally. You can contact us with feedback and concerns here or by emailing us at EMAIL.
Except for the government entities listed below: any claims arising out of or relating to these Terms will be governed by the laws of the Republic of Slovenia, other than its conflict of laws rules; all disputes related to these Terms will be brought solely in the state courts located in Ljubljana, Slovenia; and you consent to personal jurisdiction in these courts.
- Entire agreement, no waiver, and assignment
If you have any questions, complaints or claims regarding the Website you may contact us at:
For the avoidance of doubt, any questions, claims or comments regarding Third-Party Websites and/or Third Party Content should be directed to the Third Party Provider. You acknowledge and agree that any cause of action that you may have arising out of or related to the Website must commence within one 1 year after the cause of action accrues. Otherwise, such cause of action is permanently barred.