MailCoach Terms of Service
We (the folks at MailCoach, Inc.) run a website, a Chrome Extension, and an email service, and an application to help improve meetings, and would love for you to use them. The basic MailCoach and MeetingCoach services are free. Our services areis designed to help improve your use of email and experience with meetings and to help you get back to the things that matter.
Terms of Service:
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our services, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access or use any of our services. If these terms and conditions are considered an offer by MailCoach, acceptance is expressly limited to these terms.
Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older.
Use of the MailCoach application, the MailCoach email service, and MeetingCoach service all require a Google account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your Gmail account. You are responsible for keeping your password secure; we recommend best practices for keeping your account secure with 2-Step Verification and choosing a strong password.
Google Chrome, Gmail, Inbox by Gmail, and G Suite are all registered trademarks of Google Inc., and we and our services are not affiliated with them in any way.
- The MailCoach Website.
- Description. The MailCoach website provides an overview of the MailCoach Google Chrome Extension, and offers productivity suggestions to help users handle email better.
- License. You agree that we may compile aggregated/anonymized statistics for our internal use to optimize performance for the MailCoach website.
- Features. The MailCoach website includes features to highlight the functionality of the MailCoach app, as well as general productivity tips, helpful resources to increase workplace productivity, and blog posts on similar topics.
- Storage of Information. We may collect anonymous statistics about website usage, which may include the browser type, language preference, referring site, and the date and time of each visitor request. From time to time, MailCoach may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website or the MailCoach application. MailCoach anonymizes the IP addresses of all data sent to Google Analytics to comply with the privacy laws of certain countries and regions.
- Description. The MailCoach application is a Google Chrome Extension that connects to your Gmail account, in order to offer email usage data and productivity suggestions to help users handle email better. We also operate a website, https://app.mailcoachapp.com, to help you manage your productivity suggestions.
- License. You agree that we may compile aggregated/anonymized statistics for our internal use to optimize MailCoach’s performance.
- Storage of Information. Certain MailCoach features require us to temporarily store data on your browser, in local storage. We send certain aggregate email and email usage data to our servers, including your Productivity Score. On those servers, we calculate your Productivity Rank, tied to a persistent unique identifier, and calculate the total users within your email domain in order to present your rank among your peers. The information we collect may include your email address.
- Description. The MailCoach email service connects to your Gmail account in order to offer email usage data and productivity suggestions to help you handle email better.
- License. You agree that we may compile aggregated/anonymized statistics for our internal use to optimize the email service’s performance.
- Description. The MeetingCoach service connects to your Google account to enable you to rate and provide feedback on recent meetings, in addition to offering custom statistics and recommendations to improve your meetings. MeetingCoach is hosted on https://meetings.mailcoachapp.com.
- License. You agree that we may compile statistics for our internal use to improve the features we provide and improve the operation of the service.
This Agreement does not transfer from MailCoach, Inc. to you any MailCoach, Inc. or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely and exclusively with MailCoach, Inc., in perpetuity. MailCoach and MeetingCoach and all other trademarks, service marks, graphics and logos used in connection with MailCoach and MeetingCoach or our Services, are trademarks or registered trademarks of MailCoach, Inc. or MailCoach, Inc.’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use in any manner any MailCoach or third-party trademarks.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will notify you by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be deemed acceptance of our new terms and will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the terms (including the binding individual arbitration clause) that were in place when the dispute arose.
MailCoach, Inc. may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your MailCoach or MeetingCoach usage data, you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Our Services are provided “as is.” MailCoach, Inc. and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither MailCoach, Inc. nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
In no event will MailCoach, Inc., or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) $100. MailCoach, Inc. shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and MailCoach, Inc. reserves the right to terminate accounts or access of those in the event of a breach of this condition.
You agree to indemnify, defend, and hold harmless MailCoach, Inc., its contractors, and its licensors, assigns, subsidiaries, affiliates, and their respective directors, officers, employees, and agents from and against any and all damages, claims, costs, and expenses, including attorneys’ fees and expert witness fees, arising out of your use of our Services, including but not limited to your violation of this Agreement, any breach of any terms, representations, conditions or warranties made by you in this agreement or arising out of any of your intentionally tortious or willful or unlawful conduct.
These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
This Agreement constitutes the entire agreement between MailCoach, Inc. and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of MailCoach, or by the posting by MailCoach of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorney fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; MailCoach may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
- May 1, 2017: First published.
- May 22, 2017: Updated to include the MailCoach email service.
- June 27, 2017: Added section to indicate that we store limited metadata for productivity suggestions.
- July 14, 2017: Updated initial "MailCoach" reference to “MailCoach, Inc”.
- July 28, 2017: Added reference to https://app.mailcoachapp.com.
- August 31, 2017: Added references to MeetingCoach and https://meetings.mailcoachapp.com.