Please note that your use of and access to our services (defined below) and website(s) are subject to the following terms; if you do not agree to all of the following, you may not use or access the services and website(s) in any manner.
Many of our Services are currently free or offer a free trial period of 30 days. Feingeist reserves the right to require payment of fees for certain or all Services. Please refer to https://www.feingeist.io/mailbutler or https://www.feingeist.io/shimo for details on our pricing information. You shall pay all applicable fees, as described on the Website(s) in connection with such Services selected by you. All fees are non-refundable. Feingeist reserves the right to change its price list and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the Website at least 30 days before the change is to take effect.
If you wish to purchase any Software or Service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, Paypal information, your billing address, your Email address, and your shipping information. You represent and warrant that: you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that the information you supply to us is true, correct and complete. By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases. We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: Software or Service availability, errors in the description or price of the Software or Service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
The monthly or annual fee will be charged to you in advance. Service begins as soon as your initial payment is processed. You’ll be charged the rate stated at the time of purchase, every month or year, until you cancel. Because there’s no annual contract, your rate is subject to change, but we’ll always notify you beforehand. You may cancel your subscription at any time, no refunds will be granted for fees paid. Your service will continue until the end of that month’s billing period.
Feingeist Services are licensed, not sold. It is, and shall remain at all times, the absolute and unrestricted property of Feingeist. Nothing in this Agreement shall prejudice, impair, jeopardise or otherwise adversely affect the rights of Feingeist as sole and exclusive owner of the Services and Software. Your rights and obligations with respect to the use of the Services are as follows. You may: a. make one copy of the Software for archival purposes, or copy the Software onto the hard disk of your computer and retain the original for archival purposes; and b. use the Software in accordance with any additional permitted uses set forth below. You may not: a. sublicense, rent, or lease any portion of the Software; reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Software, or create derivative works from the software; b. use the Software in any manner not authorized by this license; nor c. use the Software in any manner that contradicts any additional restrictions set forth below.
User-License: The Service is licensed to the Customer for their own use on up to two owned, rented or leased computers, provided that no more than one of those computers is in use at any one time and no other person will be making significant use of the software on those computers. OR The Service is licensed to a Customer. The Customer is permitted to lend the license to their nominated Client („Client“) to install on up to two owned, rented or leased computers, provided that no more than one of those computers is in use at any one time and no other person will be making significant use of the Service on those computers. Site-License A company or other organisation may purchase a site-license. A site-license entitles the Service to be installed on the licensed number of computers („seats“) at your licensed location/s, and to use the licensed version of the Service. As long as the total number of installations does not exceed the licensed number of seats, you may: a. distribute the Service to users at your licensed location; b. install the Service on a computer used by one or more users; c. make copies of the Service for backup or archival; and d. allow an employee to install the Service on their home computer for use in the course of their employment, where the users home computer is considered a license seat.
Upgraded versions of the software are announced on the Feingeist website. Upgrades may include additional features and/or bug fixes over previous releases. The Shimo 4 license includes free upgrades for all minor-point (4.x) version releases.
In connection with MailButler’s email tracking functionality Feingeist does not collect information that can be attributed by Feingeist to an individual and therefore Feingeist does not collect, process or use personal data. However, you as a sender can link the read date and time to an individual email recipient and may therefore be collecting and using information that may qualify as personal data under the laws applicable to you.
If you use MailButler’s email tracking you will comply with any laws applicable to you, in particular privacy and data protection laws. This may include to inform users, give them a right or object or obtain their prior consent. In case of doubt, you will refrain from using email tracking.
It also contains information how email recipients can stop email tracking. Note that linking to such policy in an email may not be sufficient under the data protection law applicable to you.
If third parties (e.g. mail recipients or public authorities) raise claims against Feingeist or assert infringements of their rights, based on the allegation that the email tracking is unlawful, the following applies: You will immediately indemnify Feingeist from such claims, support Feingeist reasonably in their legal defense and indemnify Feingeist from any costs for such defense (including reasonable attorney fees). The obligation to indemnify Feingeist requires that Feingeist informs you immediately in writing of any such claims made, do not make any acknowledgements or equivalent declarations and allow you – at your expense – to conduct all judicial and extrajudicial proceedings and/or negotiations regarding the claims, if and to the extent permissibly by applicable law. The indemnification obligation does not apply if you are a natural person who enters into this agreement for purposes, which predominantly can be attributed neither to your commercial nor your independent professional occupation (see section 13 of the German Civil Code) (“Consumer”).
The Services available for purchase on our website are downloadable, fully-functional, and not restricted in any way. We provide a 30 days free trial period or a free plan to let you fully evaluate the Services before you make a purchase decision. This provides the ability to completely test out the Services to ensure it is fit for purpose and understand the job the Service is designed to do. All of our Services are fully-functional during the trial period or free plan. If you purchase one of our products, after your payment has cleared you will receive an email with your invoice. Once this information is emailed to you, no refunds will be given. During your trial period or free plan, our support staff are available to assist in installation and configuration via email. We strongly recommend that all customers download, install, and test the trial version of any product prior to making a purchase. In rare instances and only within 30 days of purchase, if due to technical difficulties or incompatibilities the Services will not function, we may, at our discretion, issue a refund minus our order processing and banking fees (up to 25% of the purchase price). Feingeist is not responsible for lost, delayed, or misdirected mail or email, delays for downloading, or other communication system delays. If a refund is given, the license serial/key/plan for the purchase will be disabled.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
You agree that you will not use the Feingeist Services for any purpose, related or otherwise that involves any illegal or unauthorised attempt to gain access to any computer system, any act of racism, vandalism, persecution, terrorism, general provoked or unprovoked aggression or war nor any other illegal, malicious or criminal activity. You will use the Feingeist Services in accordance with applicable laws, rules and regulations. You are responsible for all of your activities that occur within, through or as a result of your use of the Feingeist Services. You agree that you will not use the Feingeist Services for unlawful purposes or to engage in any illegal, offensive, indecent or objectionable conduct, including violation of any third party privacy or other rights. Further, you may not modify, enhance, supplement, create any derivative work from, adapt, translate, reverse engineer, decompile, disassemble or otherwise reduce the Software to human readable form. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
Support is available online via the Feingeist website and email under these conditions: a. we guarantee that we will respond to the best of our ability, and as promptly as is reasonably possible, to all reasonable queries from licensed users; b. in the case of site-licenses, we may ask that the organization designate one user as the contact point to receive support requests from other users and filter out duplicates; c. we will respond, when possible, to all reasonable queries from unregistered users, however priority will be given to licensed users.
A license can be transferred from the original licensee to a third party by advising Feingeist of the transfer in writing. This transfer can occur only once and cannot be perpetuated. Upon transfer all obligations of the original licensee are terminated and transferred to the new owner. The original licensee will immediately cease using the Software.
If you fail to comply with any of the provisions contained herein, Feingeist shall have the right to terminate this Agreement immediately without prior notice or legal proceeding. Feingeist shall have the right to commence the appropriate legal proceeding in order to recover costs, losses and damages as a result of the failure to comply. Upon termination, you must immediately discontinue the use and redistribution of the Service. You’re free to stop using any Feingeist Service. Account termination may result in deletion of any Content associated with your account, so keep that in mind before you decide to terminate your account.
Authorized distributors and reseller
Feingeist authorized distributors and resellers do not have the right to make modifications to this agreement or to make any additional representations, commitments, or warranties binding on Feingeist or its licensors.
These Terms shall be governed and construed in accordance with the laws of country residence of Feingeist, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We are constantly improving our Services, so these Terms may need to change along with the Services. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We reserve the right to change the Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. We will bring it to your attention by placing a notice on the Feingeist website, and/or by sending you an email, and/or by some other means. What constitutes a material change will be determined at our sole discretion. If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
All efforts have been made to ensure that the Services are free from defects. The Services (including any and all accompanying services, manuals, files, data and materials) are distributed and provided „as is“ without any warranty whatsoever implied or otherwise.
You acknowledge that you have read this agreement, understand it, and agree to be bound by its terms and conditions.
Last Updated: 14th March, 2016