Mailistix Software License Agreement (EULA)
This Software License Agreement ("EULA") is a contract between you and Mailistix UG (haftungsbeschränkt), Kolonnenstr. 8, 10827 Berlin, Germany ("Mailistix", "we", "us", "our"). It governs your use of the Mailistix desktop application for macOS and Windows, including its updates, documentation and the open-source components it contains (together, the "Software").
The EULA forms part of the Mailistix Terms of Service (the "Terms"). Capitalized terms not defined here have the meaning given in the Terms. If the EULA and the Terms conflict, the EULA governs the license to the Software and the Terms govern everything else. The Regional Terms in the Terms override both for the users to whom they apply.
Business use only. We license the Software only to Business Customers, including the self-employed, and not to Consumers (Sections 3.5 and 3.6 of the Terms).
Acceptance. You accept this EULA when you create an Account and confirm in the Software that you agree to the Terms and this EULA, as described in Section 1.8 of the Terms. If we ask you in the Software to accept a new version, you accept it by confirming it there. You can view, save and print the current version at any time at mailistix.com/legal/eula and through Settings › Legal in the Software. Until you have accepted this EULA, you may install the Software and open it only to read these documents, create an Account or sign in. If you do not accept this EULA, do not create an Account and do not use the Software. If you accept it on behalf of an organization, you confirm that you are authorized to bind that organization; "you" then means that organization, and you personally must also comply with this EULA when you use the Software.
1. Who licenses the Software
1.1 We are the licensor of the Software. If you buy a paid Plan, you buy it from Polar Software, Inc. ("Polar"), which acts as merchant of record and authorized reseller. Polar's Buyer Terms govern the purchase and payment. Your rights to use the Software come from us, under this EULA and the Terms.
1.2 Apple, Microsoft, Google and other platform, app-store or mailbox providers are not parties to this EULA and have no obligation to support or maintain the Software. If you obtained the Software from an app store, Section 15 also applies.
2. License
2.1 Grant. Subject to this EULA and the Terms, we grant you a non-exclusive, non-transferable, non-sublicensable license, limited to the term of your agreement under the Terms, to:
(a) download, install and run the Software in object-code form on computers that you, or the organization for which you accepted this EULA, own or control; and
(b) use the Software for the purposes of your trade, business, craft or profession or, if you accepted this EULA for an organization, for that organization's business purposes, within the scope of your Plan.
2.2 Accounts and Cloud Services. Most features require a Mailistix Account and use the Cloud Services. The Terms govern the Account, Plans, Credits and the Cloud Services. The scope of the features you may use depends on your Plan.
2.3 Devices. You may install the Software on any number of computers that you or your organization own or control. Each Account is for one natural person. You may not share Account credentials (Section 3.4 of the Terms).
2.4 Reserved rights. The Software is licensed, not sold. We and our licensors keep all rights, title and interest in the Software, including all intellectual property rights. All rights not expressly granted are reserved.
3. Restrictions
3.1 Except as expressly permitted by this EULA or by mandatory law (see Section 4), you must not, and must not allow anyone else to:
(a) copy the Software, except for installation and for backup copies that are necessary for its lawful use;
(b) modify, translate, adapt or create derivative works of the Software;
(c) decompile, disassemble, decrypt or otherwise reverse engineer the Software, or attempt to derive its source code, algorithms, models, prompts, internal data formats or the structure of the Cloud Services;
(d) remove, bypass, disable or circumvent any license check, Plan or Credit limit, rate limit, security measure, encryption, code signature, integrity check or technical protection measure;
(e) access or call the Cloud Services (including their APIs and server functions) by any means other than the unmodified Software, or automate access to them with scripts, bots or other clients;
(f) attempt to extract, reproduce or disclose system prompts, model instructions, prompt templates or other non-public configuration of the AI Features;
(g) rent, lease, lend, sell, sublicense, distribute, host or otherwise make the Software or the Cloud Services available to third parties, including as a service bureau or managed service;
(h) use the Software, the Cloud Services or any Output to develop, train or improve a product or service that competes with the Service, or an artificial intelligence or machine-learning model that competes with the Service or with the models used by the AI Features;
(i) probe, scan or test the vulnerability of the Software or the Cloud Services, except under our Vulnerability Disclosure Policy;
(j) remove or alter any proprietary notice, label or mark on or in the Software; or
(k) use the Software in breach of the Acceptable Use Policy, the Terms, or applicable law.
4. Rights that this EULA does not restrict
4.1 Mandatory statutory rights. Nothing in this EULA restricts any right you have under applicable law that cannot be excluded or limited by contract. In particular, where Directive 2009/24/EC on the legal protection of computer programs applies (in the European Union and the European Economic Area; in Germany through Sections 69d and 69e of the German Copyright Act, UrhG), Section 3 does not restrict your right as a lawful user to:
(a) load and run the Software and correct its errors where this is necessary for its use in accordance with its intended purpose, to the extent this right cannot be excluded by contract (Article 5(1) of the Directive, Section 69d(1) UrhG). Because we correct errors ourselves through updates, you may correct an error yourself only if we have not corrected it within a reasonable period after you reported it to us and it prevents that use;
(b) make a backup copy where necessary for that use (Article 5(2) of the Directive, Section 69d(2) UrhG);
(c) observe, study or test the functioning of the Software to determine the ideas and principles underlying any element of it, while performing acts you are entitled to perform (Article 5(3) of the Directive, Section 69d(3) UrhG); and
(d) reproduce and translate the code where indispensable to obtain the information necessary to achieve the interoperability of an independently created program with the Software or other programs, under the conditions and within the limits of Article 6 of the Directive and Section 69e UrhG.
Contract terms contrary to the rights in (b) to (d) are void by law (Article 8 of the Directive, Section 69g(2) UrhG).
4.2 Interoperability information. Before you decompile the Software under Section 4.1(d), you must ask us in text form at legal@mailistix.com for the information you need. If that information is not already readily available to you, we will provide it free of charge within a reasonable period, normally within four weeks. If we do not, you may proceed under Section 4.1(d) without waiting further. Information obtained under Section 4.1(d) may be used only to achieve the interoperability of the independently created program, may be given to others only where necessary for that interoperability, and may not be used to develop, produce or market a program substantially similar in its expression to the Software or for any other act that infringes copyright.
4.3 Open-source components. The Software contains open-source components (for example, the Electron framework and the Chromium engine). Each is licensed under its own license, which is listed with its copyright notice in the Software under Settings › Legal › Open-source licenses and in the files shipped with the Software. Nothing in this EULA limits the rights those licenses give you or imposes restrictions those licenses prohibit. Where an open-source license (such as the GNU Lesser General Public License) requires us to permit modification of the work for your own use and reverse engineering for debugging such modifications, we permit it to the extent that license requires. If a license requires us to provide source code, you may request it at legal@mailistix.com for the period that license requires.
4.4 Other jurisdictions. Section 3 also does not restrict any comparable right under the law of another country to the extent that law does not allow the right to be excluded or limited by contract (in the United States, for example, the interoperability exemption in 17 U.S.C. § 1201(f), to that extent).
5. Updates
5.1 The Software checks for updates automatically shortly after it starts. When an update is available, the Software downloads it in the background and installs it only after you confirm ("Restart & Install"). Updates may add, change or remove features, fix errors or close security gaps. Updates become part of the Software and are governed by this EULA.
5.2 To protect you, your data and the Cloud Services, or to keep the Software working with your mailbox provider and our AI providers, we may require a minimum version of the Software for the Cloud Services. The Software then tells you that you need to install an update before you can continue to use them. We provide security fixes for the latest released version and may stop supporting older versions.
6. Your data on your device
6.1 The Software stores Mailbox Data, your settings and other content locally on your device in an encrypted database. The encryption key is protected by your operating system's credential store (macOS Keychain or Windows Data Protection API). You are responsible for securing your device and your operating-system account, and for keeping backups of anything you cannot recover from your mailbox provider.
6.2 Your emails remain stored with your mailbox provider (for example, Google or Microsoft). Removing a Connected Mailbox in the Software deletes the local copy of that mailbox and ends the Software's access to it (for a Google mailbox, the Software also revokes the permission at Google; for a Microsoft mailbox, you can remove the permission in your Microsoft account, as described in the Privacy Policy); deleting your Account in the Software also erases the local data of that Account on that device. Signing out keeps the encrypted local database on your device, so that you do not have to download your mail again. Uninstalling the Software through your operating system leaves the encrypted local database on your disk until you delete its folder: on macOS ~/Library/Application Support/Mailistix, on Windows %APPDATA%\Mailistix. None of these steps deletes emails at your mailbox provider. Deleting your Account is governed by the Terms and the Privacy Policy.
6.3 How we handle personal data is explained in the Privacy Policy.
7. Feedback
If you send us suggestions or feedback, we may use them freely and without obligation to you. This does not give us any right to your Customer Content.
8. Export control and sanctions
8.1 The Software contains encryption and is subject to the export control and sanctions laws of the European Union, Germany, the United States, the United Kingdom and other countries. You must comply with them.
8.2 You confirm that you are not (a) located in, ordinarily resident in, or organized under the laws of a country or territory subject to comprehensive EU, UN or U.S. sanctions or embargoes (currently Cuba, Iran, North Korea, the Crimea region of Ukraine, the so-called Donetsk People's Republic and Luhansk People's Republic, and the areas of the Kherson and Zaporizhzhia oblasts of Ukraine not controlled by the Ukrainian government, and any other country or region that becomes subject to such sanctions), or (b) a person or entity on, or owned or controlled by a person on, any EU, UN, UK or U.S. sanctions or restricted-party list.
8.3 We do not offer the Software or the Cloud Services in Russia or Belarus. You must not use them, or allow them to be used, in Russia or Belarus, by or for the government of Russia or Belarus, or by or for the benefit of a person, entity or body located, established or ordinarily resident in Russia or Belarus.
8.4 You must not export, re-export or transfer the Software to any country, territory, person or entity named in Sections 8.2 and 8.3, or use it for any purpose prohibited by the laws in Section 8.1, including the development of weapons of mass destruction or military end uses. We may block access to the Cloud Services from the countries and territories named in Sections 8.2 and 8.3, and a breach of this Section 8 is a reason for termination without notice (Section 15.6 of the Terms).
9. U.S. Government end users
The Software and its documentation are "commercial products", "commercial computer software" and "commercial computer software documentation" as those terms are used in FAR 2.101, FAR 12.212 and DFARS 227.7202, or their successor provisions. U.S. Government end users acquire them only with the rights granted to all other end users under this EULA.
10. Term and termination
10.1 This EULA starts when you accept it and continues as long as your agreement under the Terms continues. During the data-retrieval period after the agreement ends (Section 15.10 of the Terms), you may continue to use the Software only to sign in and retrieve your data.
10.2 This EULA ends automatically when your agreement under the Terms ends for any reason. Either party may terminate the agreement for cause as described in Section 15.6 of the Terms; a breach of Section 3 or Section 8 of this EULA can be such a cause. Your rights under Section 4 and under open-source licenses survive.
10.3 When this EULA ends, your license ends, and you must stop using the Software and uninstall it, subject to Section 10.1 for the data-retrieval period. Section 6.2 explains what happens to the data on your device. Sections 2.4, 3, 4, 7, 8, 9, 10.3, 11, 12, 13 and 15 survive.
11. Warranty and liability
The warranty, disclaimer, limitation of liability and indemnity provisions of the Terms, including the Regional Terms, apply to the Software as if set out here.
12. Governing law and disputes
The governing law, venue and dispute resolution provisions of the Terms, including the Regional Terms, apply to this EULA.
13. General
13.1 You may not assign or transfer this EULA or your license without our prior consent in text form. We may transfer this EULA together with the Terms as described in Section 23.2 of the Terms.
13.2 If any provision of this EULA is or becomes invalid or unenforceable, Section 23.3 of the Terms applies.
13.3 The English version of this EULA is the original. Translations are provided for convenience. Where mandatory law in your country requires that the version in your language prevails, it does.
13.4 We may change this EULA as described in Section 19 of the Terms.
14. Contact
Mailistix UG (haftungsbeschränkt), Kolonnenstr. 8, 10827 Berlin, Germany, legal@mailistix.com.
15. Additional terms for app-store distribution
15.1 This Section applies only if you obtained the Software from an app store, such as Apple's App Store or the Microsoft Store (the "App Store"). It applies in addition to the rest of this EULA and prevails where they conflict.
(a) This EULA is concluded between you and us only, not with the operator of the App Store. We, not the App Store operator, are solely responsible for the Software and its content.
(b) If you obtained the Software from Apple's App Store, your license is limited to use on Apple-branded products that you own or control and as permitted by the Usage Rules in Apple's Media Services Terms and Conditions, except that the Software may also be accessed and used by other accounts associated with you through Family Sharing or volume purchasing.
(c) The App Store operator has no obligation to provide maintenance or support for the Software.
(d) If the Software fails to conform to an applicable warranty, you may notify the App Store operator, and it may refund the purchase price you paid for the Software, if any. To the maximum extent permitted by law, the App Store operator has no other warranty obligation with respect to the Software. As between the App Store operator and us, any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty are our responsibility, within the limits of the Terms.
(e) The App Store operator is not responsible for addressing any claims by you or a third party relating to the Software or your possession or use of it, including product liability claims, claims that the Software fails to conform to legal or regulatory requirements, and claims under consumer protection, privacy or similar laws.
(f) If a third party claims that the Software or your possession and use of it infringes that third party's intellectual property rights, we, not the App Store operator, are responsible, as between the App Store operator and us, for the investigation, defense, settlement and discharge of that claim.
(g) You confirm that you are not located in a country that is subject to a U.S. Government embargo or that the U.S. Government has designated as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
(h) When you use the Software, you must comply with applicable third-party terms, for example the terms of your internet service.
(i) Questions, complaints and claims relating to the Software must be sent to us at the address in Section 14.
(j) If you obtained the Software from Apple's App Store, Apple and its subsidiaries are third-party beneficiaries of this EULA, and upon your acceptance of this EULA, Apple has the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary.