These Terms of Service (these “Terms”) explain how you can use the BlueMail mobile apps, websites, services, and software (collectively “BlueMail” or the "Service"), provided by Blix Inc. (the "Company", “we” or “our”) so please read these Terms before you get started. They apply to all visitors, users, and others who access BlueMail (“users”).
By using BlueMail, you agree to be bound by these Terms and to the collection and use of your information as spelled out in our Privacy Policy. If you are using BlueMail on behalf of a group, company, or organization, you agree to these Terms for that group or organization and represent that you have the authority to do so (in that case, “you” and “your” refer to that group or organization).
BlueMail is an Application and Platform that helps you manage your email account and calendar from your device. You can add your Gmail, Yahoo, AOL, iCloud, Outlook.com, Office365, Exchange, and other mail accounts.
When signing up for BlueMail, you agree to provide accurate information. You also understand that you are responsible for the activity in your BlueMail account and for safeguarding any passwords that you use. You are not allowed to access another user’s account without permission.
Lots of people rely on BlueMail, and we trust you to use BlueMail and our services responsibly – which means, for example, you agree not to interfere with BlueMail or our services or try to access them using a method other than the interface and the instructions that we provide. You agree not to:
We may permanently or temporarily revoke or suspend your access to BlueMail without notice and liability for any reason, including your violation of these Terms. Upon termination for any reason or no reason, you continue to be bound by these Terms.
If you are under the age of consent in your country to form a binding agreement, you should only use BlueMail if you are either an emancipated minor or have the legal consent of your parent or guardian. You should use BlueMail only if you are fully able to understand, enter into, and comply with these Terms. Use of BlueMail by anyone under 13 is strictly prohibited. You may not access or use BlueMail for any purpose if either of the representations in this paragraph is not true.
BlueMail allows you to connect your email account so we can check, process, and deliver email on your behalf. By using BlueMail, you allow BlueMail to help manage content, information, emails, and attachments in those emails. By using BlueMail, you give Blix Inc. permission to host or share your data as you direct it to through BlueMail. This includes receiving and sending emails. It also includes creating backups of your recent and deferred data to ensure it is safe and always accessible to you. By using BlueMail, you give Blix Inc. the permissions needed to provide its Services to you through BlueMail, including extending that permission to trusted third parties that help us run BlueMail (like Amazon AWS, which hosts our Platform). This and other rare exceptions are outlined in our Privacy Policy, which explains exactly how Blix Inc. collects and uses your information generally.
We retain our rights, title, and interest in BlueMail, and all that makes up BlueMail, including, without limitation, software, design, text, graphics, logos, patents, trademarks, service marks, copyrights (“our stuff”), and all intellectual property rights related to our stuff. Subject to these Terms, we give you a non-exclusive, limited, non-transferable, freely revocable license to use BlueMail for your personal, non-commercial use only (aka you cannot re-sell BlueMail). We reserve all rights not expressly granted in these Terms in BlueMail and our stuff. These Terms do not provide you with any rights to use our trademarks, logos, domain names, or other brand features. Use of our stuff for any purpose not expressly permitted by these Terms is strictly prohibited.
You may choose to give us feedback or ideas about BlueMail, including improvements (“ideas”). By submitting an idea, you agree that you are doing it out of the goodness of your heart and not for financial gain or other recognition. We are free to use the idea or share it with others, or we may use a similar idea, developed by our employees or obtained from another source.
You are responsible and liable for your data and what you otherwise copy, share, upload, download, attach, send, receive, record, or otherwise use while using BlueMail. You represent that you have all necessary rights to use your data on or through BlueMail.
We will respond to notices of alleged copyright infringement according to the process set out in the U.S. Digital Millennium Copyright Act. Such notices should be reported as outlined in our DMCA Policy. We reserve the right to suspend your account, delete or disable content alleged to be infringing, and/or terminate the account of a repeat infringer.
Your privacy is extremely important to us – we care about the integrity and security of your personal information. You can have full insight into how we collect, use, process, transfer, protect, retain, and maintain personal information in our Privacy Policy, which is incorporated into these Terms of Service and forms an integral part hereof. If the GDPR or CCPA apply to you, then we process your data as the GDPR “processor”, or CCPA “service provider”, and the data processing addendum applies.
Some use of BlueMail requires you to download a client software package known as the "Application." To use the Application, you must have a compatible device. We cannot guarantee that the Application will work on all devices. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Application solely to access BlueMail. Your license to use the Application will automatically be revoked if you violate these Terms. You may not copy, modify, distribute, sell, or lease any part of BlueMail or the included software, nor may you reverse engineer or attempt to extract the source code of that software (unless such actions are prohibited by law or you have obtained our written permission).
You acknowledge and agree that these Terms are solely between you and Blix Inc., and that the term "Digital Distribution Platforms" (referring individually and collectively to the Apple App Store, Google Play Store, Microsoft Windows Store, Amazon Appstore, and Huawei AppGallery) carries no responsibility for BlueMail or the content sent or received using BlueMail. Your use of BlueMail must also comply with the respective Digital Distribution Platform's Terms of Service.
Warranty and Claims
If BlueMail fails to conform to any applicable warranty, you may notify the relevant Digital Distribution Platform, which may refund the purchase price of BlueMail to you, to the maximum extent permitted by applicable law. The Digital Distribution Platforms will bear no other warranty obligation with respect to BlueMail. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to warranty will be governed solely by these Terms and applicable laws relating to Blix Inc. as the software provider.
Limitation of Liability for Digital Distribution Platforms
You acknowledge that the Digital Distribution Platforms are not responsible for addressing claims made by you or any third party related to BlueMail or your possession and use of the application. This includes, but is not limited to:
All such claims are governed solely by these Terms and the applicable laws pertaining to Blix Inc. as the service provider.
Intellectual Property Infringement Claims
In the event of any third-party claim that BlueMail or your possession and use of BlueMail infringes on a third party's intellectual property rights, Blix Inc. will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim as required by these Terms.
Third-Party Beneficiaries
You and Blix Inc. agree that the Digital Distribution Platforms and their subsidiaries are third-party beneficiaries of these Terms in relation to your license to use BlueMail. Upon your acceptance of these Terms, the Digital Distribution Platforms will have the right to enforce these Terms against you as third-party beneficiaries.
Reviews and Compliance with Third-Party Terms
You agree to abide by any third-party terms that apply when posting reviews of BlueMail on Digital Distribution Platforms, including the respective Terms of Service of the Apple App Store, Google Play Store, Amazon Appstore, Microsoft Windows Store, and Huawei AppGallery.
Updates
We may periodically release upgraded versions of the Application to improve functionality, security, or user experience. By continuing to use the Application, you agree that these Terms will apply to all such upgrades. Any third-party code incorporated into the Application will remain subject to the applicable open-source or third-party license End User License Agreement (EULA), where relevant, which authorizes its use.
It is important to note that the license we provide does not constitute a sale of the Application or any copy of it. Ownership of all rights, title, and interest in the Application, including intellectual property, remains with Blix Inc. and its partners or suppliers. Any attempt to transfer, sublicense, or assign your rights, duties, or obligations under these Terms, except as expressly authorized, will be deemed invalid. All rights not expressly granted under these Terms are reserved by Blix Inc.
Premium Features
The standard Application and Services are free to use; however, additional data charges may apply through your mobile service provider. Fees may also apply for accessing premium features ("Premium Features") or other specific services offered by BlueMail.
If you purchase Premium Features or related services through Digital Distribution Platforms or Stripe, the payment may be processed by these platforms or other third parties acting on our behalf. Once purchased, these Premium Features will be made available immediately, subject to the respective platform's policies.
Subscriptions for Premium Features may be offered on a monthly or annual basis. Upon purchase, subscription fees will be charged to your account, with automatic renewal at the same price and duration unless you turn off auto-renewal. Renewal policies vary by platform:
Your account will be charged for renewal within the designated time before the subscription period ends. You can manage subscriptions through the relevant platform’s account settings or by visiting our help page for further assistance.
If you cancel your subscription, it will remain active until the end of the current billing term. Access to Premium Features will terminate when the subscription period concludes. Refunds or partial credits for unused portions of the subscription are not provided. Please ensure you manage your subscription preferences accordingly.
BlueMail Mailbox
For users of the optional BlueMail Mailbox feature, additional terms apply. Please refer to the BlueMail Mailbox Terms of Service for details governing its usage.
Labs Features and Beta Versions
From time to time, we may offer access to experimental features, referred to as "Labs Features," or pre-release versions of our services or applications, referred to as "Beta Versions." These offerings allow users to evaluate innovative tools and functionalities under development. Labs Features and Beta Versions are optional and may contain bugs, limitations, or incomplete functionality. They are provided "as-is" without guarantees of performance, reliability, or availability.
By opting to use Labs Features or Beta Versions, you acknowledge and agree to use them at your own discretion and risk. Blix Inc. is not liable for any issues, damages, or losses arising from your use of these offerings. Labs Features and Beta Versions may be modified, improved, or discontinued at any time without prior notice.
We are continually evolving and improving BlueMail. As part of this process, we may add, modify, or remove features. While we aim to provide advance notice for significant changes, you understand that we may stop, suspend, or alter BlueMail at any time without prior notification. Content within BlueMail may also be removed or adjusted at our sole discretion.
We are constantly changing and improving BlueMail. We may add or remove features, and while we will do our best to give you advance notice about any major changes, you understand that we may stop, suspend, or change BlueMail at any time without prior notice. We may also remove content from BlueMail at our discretion.
Below are some explicit definitions of legal terms.
Indemnity
You agree to defend, indemnify and hold harmless Blix Inc. and its subsidiaries, agents, licensors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to BlueMail, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your data or any that is submitted via your account; or (vi) any other party’s access and use of BlueMail with your unique username, password or other appropriate security code.
No Warranty
BlueMail is provided on an “as-is” and “as available” basis. Use of BlueMail and the software is at your own risk. To the maximum extent permitted by applicable law, BlueMail and the software is provided without warranties of any kind, whether expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, Blix Inc. and its licensors, do not warrant that the content is accurate, reliable or correct; that BlueMail or the software will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that BlueMail or the software is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of BlueMail is downloaded at your own risk and you will be solely responsibly for any damage to your computer system or mobile device or loss of data that results from such download or use of the service.
Limitation of Liability
To the maximum extent permitted by law, in no event will Blix Inc., its affiliates, officers, employees, agents, suppliers or licensors be liable for (a) any indirect, special, incidental, punitive, exemplary or consequential (including loss of use, data, business, or profits) damages, regardless of legal theory, whether or not Blix Inc. has been warned of the possibility of such damages, and even if a remedy fails of its essential purpose; (b) any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the greater of $20 or the mounts paid by you to Blix Inc. for the past three months of the services in question. Some states do not allow the types of limitations in this paragraph, so they may not apply to you. BlueMail is controlled and operated from facilities in the United States and other countries. Blix Inc. makes no representations that BlueMail is appropriate or available for use in other locations. Those who access or use BlueMail from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations.
Notification Procedures and Changes to these Terms
Blix Inc. may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Blix Inc. in our sole discretion. Blix Inc. reserves the right to determine the form and means of providing notifications to our users, provided that you may opt out of certain means of notification as described in these Terms. Blix Inc. is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Blix Inc. may, in its sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change the Terms in a material manner, we will update the ‘last modified’ date at the bottom of this page. Your continued use of BlueMail after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) BlueMail.
Governing Law
Governing Law: These Terms and the use of BlueMail services and software will be governed by the law of the State of Delaware USA except for its conflicts of laws principles. You agree to submit to the exclusive personal jurisdiction of the federal and state courts located in Delaware, except for injunctive or other equitable relief which may be served in a court of competent jurisdiction as the case may be to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights.
Amicable dispute resolution: For any dispute with Blix Inc., you agree to first contact us at privacy@bluemail.me and attempt to resolve the dispute with us informally. In the unlikely event that Blix Inc. has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any Blix Inc. claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. The arbitration will be conducted in New York, NY, unless you and Blix Inc. agree otherwise. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, intellectual property rights, or other proprietary rights. All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and Blix Inc. are each waiving the right to a trial by jury or to participate in a class action.
These Terms constitute the entire and exclusive agreement between you and Blix Inc with respect to BlueMail, and supersede and replace any other agreements, terms and conditions applicable to BlueMail. These Terms create no third party beneficiary rights. Blix Inc.’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of these Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but may be assigned by Blix Inc. without restriction. Blix Inc. and you are not legal partners or agents; instead, our relationship is that of independent contractors.
Please contact us at support@bluemail.me with any questions regarding these Terms.