Terms of Service

Using our API Services means accepting these Terms

These Terms of Service (the “Terms”) are the entire Agreement between East River View Software Company (“ERVSC” or “We”) and you (“You” or the “User”). These Terms govern the User’s use of the oursharedinbox.io web site (the “Site”), the API manager web application and/or the API services (collectively, the “Service”).

By using the Service, You are acknowledging that You have read and have agreed to these Terms. If you do fully agree to these Terms, you can delete your account at any time.

Service Quota #

You are given an initial daily quota for each API by the Service and may opt to purchase a subscription plan to increase your quota. Once you have reached your quota, the Service will no longer process your requests until your quota is refreshed at the start of the day. Your quota is shared by all inboxes under your team account.

Paid Subscriptions #

The Service offers paid subscriptions through Stripe that increase Your monthly API quota. Subscriptions are billed at the first of each month and will be billed at or around midnight in the Eastern Standard Timezone. When creating your subscription, you will be billed a prorated amount for the remaining duration of the current month. Plan prices do not include any applicable sales tax. Yearly subscriptions are also an option and are billed once a year on the date you create your subscription.

You can cancel your paid subscription plan at any time and keep your existing inboxes and emails. ERVSC will not issue a refund for the current subscription month, however your quota will remain the same until the end of month after which Your quota will default to the free tier email quota.

Shared Access #

The Service allows You to invite an unlimited number of team members to Your account. You are solely responsible for maintaining and securing access to Your team account and inboxes. Other team members are able to invite additional members. The account is required to have an “owner” at all times. If you need to transfer your ownership to another member, please contact support.

License #

Our Service and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein (collectively, the “ERVSC Content”) are owned by or licensed to ERVSC and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, ERVSC and our licensors reserve all rights in and to our Service and the ERVSC Content. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Service in accordance with the Terms.

Intellectual Property #

ERVSC makes no claims to intellectual property rights over the data and content You provide to the Service. You agree to give ERVSC permission to display content You provide to the Service to all Users with shared team access.

You acknowledge and agree that ERVSC owns all right, title and interest in and to the Service, including without limitation all intellectual property rights. You agree that You will not copy, reproduce, alter, reverse engineer, clone, or modify the Service or create derivative works from the Service.

DISCLAIMER OF WARRANTIES #

THE SERVICE IS PROVIDED “AS IS” AND YOU USE IT AT YOUR OWN RISK. ERVSC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND THE WARRANTY OF NON-INFRINGEMENT.

WE TRY TO KEEP THE SERVICE BUG-FREE AND SAFE, BUT ERVSC DOES NOT WARRANT OR ENSURE CONTINUOUS, ERROR-FREE, SECURE OR VIRUS- FREE OPERATION OF THE SERVICE OR YOUR ACCOUNT. YOU UNDERSTAND AND AGREE THAT YOU SHALL NOT BE ENTITLED TO MAKE ANY CLAIM BASED ON ERVSC'S FAILURE, IRRESPECTIVE OF FAULT, TO PROVIDE ANY OF THE FOREGOING. LIKE WE SAID, YOU USE THE SERVICE AT YOUR OWN RISK.

WITHOUT LIMITING THE FOREGOING, THE SERVICE IS NOT DESIGNED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL- SAFE CONTROLS

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF PARTICULAR WARRANTIES, AND, TO THAT EXTENT, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT YOU LIVE IN A JURISDICTION THAT REFUSES TO ENFORCE THE FOREGOING DISCLAIMERS, ERVSC DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, TO THE EXTENT PERMITTED BY LAW.

LIMITATION OF LIABILITY #

IN NO EVENT WILL ERVSC BE LIABLE TO THE USER OR THIRD PARTIES FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF PROFITS OR LOSS, CORRUPTION AND/OR ALTERATION OF DATA) ARISING OUT OF OR IN ANY WAY RELATED TO YOUR DATA AND/OR YOUR USE OF THE SERVICE AND/OR YOUR ACCOUNT, WHETHER IN AN ACTION IN CONTRACT, TORT, EQUITY OR OTHERWISE.

USER VOLUNTARILY ENGAGES IN THE ACTIVITY OF INTERNET USE AND BEARS THE RISKS ASSOCIATED WITH THAT ACTIVITY. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO YOUR COMPUTER OR YOUR DATA THAT RESULTS FROM SUCH ACTIVITY. IN NO EVENT WILL ERVSC HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR UNAUTHORIZED ACCESS TO OR USE, ALTERATION, CORRUPTION, THEFT OR DESTRUCTION OF YOUR DATA AND/OR YOUR ACCOUNT.

ERVSC'S LIABILITY IS EXPRESSLY LIMITED FOR ANY REASON AND UPON ANY CAUSE OF ACTION TO THE AMOUNT YOU ACTUALLY PAID, IF ANY, BY YOU TO ERVSC FOR THE SERVICE DURING THE THREE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU CLAIM THE CAUSE OF ACTION ACCRUED.

SOME JURISDICTIONS' LAWS PROHIBIT THE FOREGOING LIMITATION OF LIABILITY PROVISION. TO THE EXTENT THAT YOU LIVE IN A JURISDICTION THAT REFUSES TO ENFORCE THE FOREGOING PROVISION, ERVSC'S LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY THE LAW OF THAT JURISDICTION.

Indemnification #

To the fullest extent permitted by applicable law, You agree to indemnify, defend and hold harmless ERVSC from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from or related to Your data, Your use of the Service and/or any breach of these Terms by You. You further agree to defend, indemnify and hold harmless ERVSC from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from or related to any claims by third parties that Your data or Your use of the Service infringes upon, violates or misappropriates any of their Intellectual Property Rights or discloses their Proprietary Information. You agree to promptly notify ERVSC of any third party claims, cooperate with ERVSC in defending such claims and pay all fees, costs and expenses associated with defending such claims (including, but not limited to, attorneys’ fees). You also agree that ERVSC will have control of the defense or settlement of any third party claims.

Release #

To the fullest extent permitted by applicable law, you release ERVSC from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

Termination of Service #

We reserve the right, without notice and in our sole discretion, to terminate Your account at any time and for any reason. Accordingly, We may, but have no obligation to, remove accounts and content containing what We determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable material. In the event of termination, You will lose all data related to Your Account. An account terminated by ERVSC will not be backed-up for any reason and will be immediately terminated from ERVSC's servers, and will not be eligible for any refunds of monies paid. You may terminate Your account at any time, and must first cancel your paid subscription plan if you have one active. ERVSC will not issue a refund for unused time for the current month of the subscription.

THESE TERMS PROVIDE THAT ALMOST ALL DISPUTES BETWEEN USER AND ERVSC ARE SUBJECT TO BINDING ARBITRATION AS WELL AS A WAIVER OF CLASS ACTION RIGHTS AND ANY RIGHT TO A JURY TRIAL AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. BY ENTERING THIS AGREEMENT, USER GIVES UP ITS RIGHT TO SUE IN COURT, HAVE ITS CLAIMS HEARD BY A JURY, AND TO BE PART OF A CLASS OR COLLECTIVE ACTION, TO RESOLVE THESE DISPUTES, AS EXPLAINED IN MORE DETAIL IN THAT SECTION.