BatchedInbox Terms of Use

Welcome to batchedinbox.com and the associated services made available through the website and any online or mobile applications (collectively, the “Services”), owned by BatchedInbox (“BatchedInbox,” “us”, or “we”). By using, accessing, or viewing the Service in any way, you agree to be bound by these Terms of Use (the “Terms”) in full. If you do not agree to these Terms, you may not use the Services.

These Terms may be modified or replaced at any time. You agree to be bound by the most recent version of the Terms available on the Service. The date of last modification can be found at the end of the Terms.

1. 1. Eligibility for Our Service.
1. a. By using our Services, you represent that you: (i) have the capacity and authority to agree to these Terms; (ii) are at least 18 years old, or are between 13 and 17 years old and using the Services with legal parental or guardian consent; and (iii) the use of the Services will not violate any law or regulation to which you are subject.
2. 2. Use of the Service.
1. a. The Service will connect to your Gmail account and divert your incoming email to a Gmail folder by creating a filter in your Gmail settings. At times you specify (which may be hourly or specific) the Service will move those emails to your Inbox. You can temporarily or permanently disable batching of your email at any time. BATCHEDINBOX WILL NEVER READ, STORE, DOWNLOAD OR SEND ANY OF YOUR EMAILS WITHOUT YOUR EXPRESS CONSENT.
2. b. While we endeavor to provide the best possible service, it is possible that the Service may, on occasion, not properly filter or move an email. You understand and acknowledge that we will not be responsible for any such malfunction.
3. c. BatchedInbox reserves the right to modify or discontinue the Service (or any feature of element of the Service) at any time and without notice.
4. d. Your right to access and use our Services is personal to you and is not transferable by you to any other person or entity. Access to our Services may not be available in all locations. You are only entitled to access and use our Services for lawful purposes and pursuant to the terms and conditions of the Terms and the Privacy Policy, which is available on the Service.
5. e. We may terminate your access to the Service at any time and for any reason without any liability to you.
6. f. If you are using our Services on a mobile device, do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.
7. g. By using the Service, you agree that you:
1. i. will not submit any information to the Service that is not true, complete, and accurate in all respects;
2. ii. will not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services;
3. iii. will not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; and
4. iv. will not access the Services in order to build, or conduct research to build, a similar or competitive Service.
8. h. Except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the website or Services shall be subject to these Terms.
9. i. You agree that you will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor our Services or any portion of our Services or for any other purpose, without our prior written permission.  Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your personal information) from our Services without our prior written permission and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of our Services or any activities conducted on our Services; (iv) bypass any robot exclusion headers or other measures we may use to prevent or restrict access to our Services, or (v) interfere or disrupt the Services or servers or networks connected to the Services, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature.
10. j. Except as expressly permitted in the Terms, you shall not collect or harvest any personally identifiable information, including account names, from our Services. 
11. k. You will be required to register for an account in order to utilize the email batching features of the Services. You agree to keep your account username and password confidential.
3. 3. Intellectual Property Rights.
1. a. BatchedInbox’s names, graphics, videos, logos, page headers, button icons, scripts, and service names are our copyrights, trademarks, servicemarks, or trade dress in the United States and/or other countries (collectively, the “Proprietary Marks”). You may not use the Proprietary Marks without our prior written permission. BatchedInbox or its licensors own and reserve all right, title and interest in and to the Services and all software (including code) and other items used to provide the Services, other than the rights explicitly granted to you to use the Service in accordance with this Terms. No title to or ownership of any proprietary rights related to the Service (including the Proprietary Marks) is transferred to you pursuant to these Terms. All rights not explicitly granted to you in these Terms are reserved by BatchedInbox.
2. b. You are solely responsible for any damages resulting from your infringement of our or any third-party's intellectual property rights
4. 4. Trials.
1. a. BatchedInbox may offer the Services on a trial basis. If you are currently on a free trial, you may cancel your account, free of charge, at any time until your trial period expires. The day of creation of a trial account constitutes the first day of the trial. YOUR ACCOUNT WILL AUTOMATICALLY RENEW AS A PAID MONTHLY SUBSCRIPTION PLAN UNLESS YOU CANCEL PRIOR TO EXPIRATION OF THE TRIAL PERIOD.
2. b. The last day of the trial signifies the due date of the first payment. If payment is not received by BatchedInbox on the due date, user's account will be frozen, inaccessible, and all shared links will be turned off until all outstanding payments have been processed by BatchedInbox. Users retain the responsibility for settling all outstanding balances in a timely manner and maintaining updated billing information. Your account may be deactivated if payment is not received.
3. c. Unless we notify you otherwise, if you're participating in any trial period offer, you must cancel the Service by the end of the trial period to avoid incurring charges. If you do not cancel your Service and we have told you the Service will convert to a paid subscription service at the end of the trial period, you authorize us to charge you for the Service and no credits or refunds will be available. You may, however, cancel your subscription before the next billing in accordance with the terms of the Terms.
4. d. If you are a paid subscription (non-trial) user you will not be issued a refund for your most recent (or any previous) billing.
5. 5. Subscription Period.
1. a. You may elect one of the following subscription plans and billing options (collectively “Subscriptions”):
1. i. A monthly subscription plan (“Monthly Subscription Plan”). The subscription period for the Monthly Subscription Plan will be one month and will automatically renew unless you cancel your Monthly Subscription Plan in accordance with these Terms at least three (3) business days prior to the renewal date. You will be billed monthly for the Monthly Subscription Plan on or about the same day each month until such time that you cancel your Monthly Subscription Plan.
2. ii. An annual subscription plan (“Annual Subscription Plan”). The subscription period for the Annual Subscription Plan will be one year and will automatically renew each year on the anniversary of your Annual Subscription Plan unless you cancel your Annual Subscription Plan in accordance with these Terms at least ten (10) days prior to your renewal date. You will be billed annually for the Annual Subscription Plan on or about the same day each year until such time that you cancel your Annual Subscription Plan. Please note that you while you may cancel your subscription at any time, you will not be refunded or prorated for partially unused Annual Subscription Plans.
6. 6. Subscription Purchases
1. a. You may purchase Subscriptions through our website. Payments will be processed using a third party payment processor, such as Stripe. You agree to pay the appropriate Subscription price pursuant to Section 5 of the Terms and authorize us to charge your credit card or other payment method for your Subscription and each automatic or manual renewal thereof.
7. 7. Suspension and Termination of Services.
1. a. If you terminate a Subscription in the middle of a billing cycle, you will not receive a refund for any period of time you did not use in that billing cycle unless you are terminating these Terms for any of the following reasons: (a) we have materially breached these Terms and failed to cure that breach within 30 days after you have so notified us in writing; or (b) a refund is required by law.
2. b. BatchedInbox may terminate your Subscription at any time.
8. 8. Interruption of Service.
1. a. Your access and use of our Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of our Services or other actions that we, in our sole discretion, may elect to take.
2. b. We reserve the right to suspend or discontinue the availability of our Services and/or any portion or feature of our Services at any time in our sole discretion and without prior notice.
3. c. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the website or Services or any part thereof.
9. 9. Software.
1. a. If you receive software from us (including any email client plugin), its use is governed in one of two ways: If you're presented with license terms that you must accept in order to use the Software, those terms apply; if no license is presented to you, these Terms apply. We reserve all other rights to the software.
2. b. Any license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by BatchedInbox, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software.
3. c. We may automatically check your version of the software. We may also automatically download to your device or computer new versions of the Software.
4. d. Any software is licensed, not sold. Unless we notify you otherwise, the software license ends when your access to the Service (including any Subscription) ends. You must then promptly uninstall the software, or we may disable it.
5. e. The software is subject to applicable U.S. export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users, and end use. Without limitation, you may not transfer the software or Service without U.S. government permission to anyone on U.S. government exclusion lists. You represent and warrant that you're not on any of those lists or under the control of or an agent for anyone on those lists or the entities listed above.
10. 10. Security.
1. a. Violating the security of our website is prohibited and may result in criminal and civil liability. BatchedInbox may investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Security violations include, without limitation, unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the Service or website or to breach security or authentication measures, unauthorized monitoring of data or traffic and interference with service to any user, host, or network.
11. 11. Privacy and Your Personal Information.
1. a. For information about the BatchedInbox data protection practices and privacy policies, please read our Privacy Policy available on our website. This policy explains how we treat your personal information, and protect your privacy when you use the Services. You agree to be bound by the Privacy Policy at all times when using the Services.
12. 12. Disclaimers; No Warranties.
1. a. OUR CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH OUR SERVICES ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR OTHERWISE. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SERVICES AND ALL PRODUCTS AND SERVICES INCLUDED ON OR ASSOCIATED WITH OUR SERVICES IS AT YOUR SOLE RISK. IN ADDITION, WE DO NOT MAKE, AND EXPRESSLY DISCLAIM, ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH OUR SERVICES, OR THE SAFETY, RELIABILITY, TITLE, TIMELINESS, COMPLETENESS, MERCHANTABILITY, CONFORMITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH OUR SERVICES. IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS OR COMPLETENESS OF THE CONTENT AND THE SERVICES AND PRODUCTS ASSOCIATED WITH OUR SERVICES. WE MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE FOR DOWNLOADING FROM OUR SERVICES IS FREE OF INFECTION FROM ANY VIRUSES, MALICIOUS SOFTWARE OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING ANY INFORMATION OR OFFERS PROVIDED ON OR THROUGH OUR SERVICES.
2. b. WE DISCLAIM ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISS DELIVERY, OR UNTIMELY DELIVERY OF ANY EMAILS.
13. 13. Limitations of Liability.
1. a. IN NO EVENT SHALL WE BE RESPONSIBLE TO, OR LIABLE TO, YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT OR OTHERWISE, FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING (BUT NOT LIMITED TO) DAMAGES FOR ANY LOSS OF PROFIT, REVENUE OR BUSINESS, RELATED TO YOUR USE OF THE SERVICES OR THE INABILITY OF THE SERVICES TO MEET YOUR NEEDS.
2. b. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL WE BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND THEIR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS OR NON-PERFORMANCE OF THIRD PARTIES.
3. c. BATCHEDINBOX’S LIABILITY AND THE LIABILITY OF OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, SHAREHOLDERS, REPRESENTATIVES, AND AGENTS (“AFFILIATES”) ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED $200.
14. 14. Indemnity. You agree to indemnify, defend, and hold harmless BatchedInbox and Affiliates from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ and accounting fees and costs, arising out of or in any way connected with (i) your access to, use of or alleged use of the Service; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
15. 15. Miscellaneous.
1. a. If any portion of these Terms is deemed unenforceable by any court of competent jurisdiction, the Terms as a whole shall not be deemed unenforceable, but only that portion of the Terms that are unenforceable shall be stricken from the Terms.
2. b. The failure the parties to enforce any right or provision in these Terms shall not constitute a waiver of such right.
3. c. The Terms and your use of the Service shall be governed and construed in accordance with the laws of the state of Texas. Any dispute arising hereunder, or related to the terms hereof, shall be brought exclusively in the state or federal courts of Texas.
4. d. When you use our Services or send email to us, you agree to send and receive communications from us electronically.  You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
5. e. The Terms and the Privacy Policy represent the entire understanding and agreement between you and us regarding your use of the Services, and supersede all other previous agreements, understandings and/or representations regarding the same.
6. f. If you have questions, comments, concerns or feedback regarding the Terms or the Services, please contact us at support@batchedinbox.com.