MaxMailParser Terms of Service

Valid from 10th of December 2024

By registering on the website https://maxmailparser.com or using the Service, the Client acknowledges that he/she/it has read, understood, and agreed to the entirety of these Terms of Service. MaxMailParser strongly advises the Client to print and/or save a copy of the Terms of Service.

These Terms of Service may be amended from time to time. It is the Client’s responsibility to review these Terms of Service frequently and to remain informed of any changes implemented. The Client agrees that the continued use of the Service after such changes to the Terms of Service have been published will constitute the Client’s acceptance of such revised terms.

1. DEFINITIONS

In this Agreement, words or phrases beginning with a capital letter shall have the following meanings:

  • “Account” means the account of the Client after entering into the Agreement, which enables the Client to use the Service.
  • “Agreement” means the agreement constituted by these Terms of Service, the Subscribed Plan, the Privacy Policy, and any potential subsequent amendments of those as well as any separate agreement entered into between MaxMailParser and the Client for the performance of the Service.
  • “Client” means the individual or legal entity, professional only, with whom MaxMailParser entered this Agreement and whose name and address appear on the Account. The Client and MaxMailParser are hereinafter collectively referred to as the “Parties” or individually as a “Party.”
  • “MaxMailParser Solution” means the MaxMailParser software, as well as any related applications, developed and published by Websmith Solutions.
  • “Personal Data” means any information relating to a natural person who is or can be identified, directly or indirectly.
  • “Content” means any data, whether personal or not, contained in the information processed through MaxMailParser by the Client.
  • “Service” means the grant of access to the MaxMailParser Solution by MaxMailParser and the use of the MaxMailParser Solution in SaaS mode by the Client, whether through the website https://maxmailparser.com or through the MaxMailParser application, under the terms and conditions set out in the Agreement.
  • “Subscribed Plan” means the fee-based plan subscribed by the Client for a fixed monthly or annual period, which appears on the Account (and then possibly modified by the Client).

2. PURPOSE OF THE AGREEMENT

The purpose of this Agreement is to set out the conditions under which Websmith Solutions provides the Service to the Client, who accepts it, a non-exclusive and non-transferable right to use the MaxMailParser Solution. In exchange, the Client agrees to pay the contractual fee and to comply with all requirements set out in the Terms of Service.

3. SERVICE - DESCRIPTION, ACCESS, AND AVAILABILITY

3.1 Description of the Service

MaxMailParser Solution is an email parsing SaaS product that extracts data from recurring emails and allows clients to structure that data for use in a variety of use cases. The Service does not include any storage services. The Client is solely responsible for ensuring that all data processed through MaxMailParser is saved and registered. MaxMailParser excludes any liability in case of data loss.

3.2 Access

The Client accesses the Service through his/her/its own and personal Account. Sharing Account access is strictly prohibited. The Client is responsible for all activities related to the use of their Account and must provide accurate and complete information during registration.

3.3 Availability and Support

The Service is available 24/7 during the term of the Agreement and under the limitations of the Service. Support for the Service is only available in English via email: support@maxmailparser.com.

4. EMAIL DATA AND EMAIL CONTACTS

4.1 User Data

All data provided by the Client to MaxMailParser, including client email information, will remain confidential. MaxMailParser does not sell or disclose any Client’s personal email data unless required by law or if a complaint is raised.

4.2 Information Collection and Use by MaxMailParser

MaxMailParser owns all collected data for service purposes only. All information is strictly collected and used in accordance with MaxMailParser's Privacy Policy. The data will never be shared outside of MaxMailParser unless required by law.

4.3 Third-Party Information Responsibility

Clients using the Service to process third-party data must ensure they have appropriate permission to share and process any Personal Data.

5. PRICING, INVOICING AND PENALTIES

5.1 Pricing

Pricing will vary depending on the Client’s Subscribed Plan. Pricing details are available at https://maxmailparser.com/home/pricing. Pricing is exclusive of all taxes unless explicitly stated.

5.2 Penalties for Non-Payment

Failure to pay fees by the due date may result in temporary suspension of Service until payment is made.

6. MODIFICATION OF SERVICE AND PRICING

Websmith solutions reserves the right to modify, discontinue, or alter the Service or pricing at any time by notifying the Client via the Service’s website or direct communication. Changes will only apply to new Subscribed Plans unless otherwise stated.

7. Agreement Duration and Termination

This Agreement becomes effective once the Client creates an Account, including free Accounts, and will remain in force until terminated by either Party. The minimum term of the Agreement is one (1) month from the date of subscription to a monthly Subscribed Plan or one (1) year from the date of subscription to an annual Subscribed Plan.

Subscribed Plans will automatically renew for successive periods of the same duration unless terminated by either Party. The Client is solely responsible for monitoring the expiration of their Subscribed Plan, and any consequences of failing to do so will rest entirely with the Client. Payments made in advance for the Subscribed Plan are non-refundable.

Upon termination of the Agreement, all Content and Parsed Content will be permanently deleted from the Service. The Client understands that once deleted, the Content and Parsed Content cannot be recovered.

8. GRANTINGS AND UNDERTAKINGS OF THE CLIENT

The Client, entering into the Agreement on behalf of a company or other legal entity, affirms that they have the authority to bind such entity and its affiliates. The Client must confirm that they are a natural or legal entity, acting as a professional—not a bot. Accounts created by automated processes ("bots") are strictly prohibited.

The Client undertakes to:

  • Acquire necessary hardware and software, and subscribe to telecommunications services (internet access) required to use the Service remotely. Costs of such equipment and access services are solely the Client’s responsibility.
  • Ensure adequate training to utilize the Service and Internet-based technologies.
  • Maintain the security of the Client’s Account and related password.
  • Accurately transmit all information required for performance of the Agreement and report any changes.
  • Pay contractual fees as agreed.
  • Respect Websmith Solutions intellectual property rights.
  • Avoid using the Service in any manner that could impair its functionality or safety.
  • Avoid modifying, adapting, hacking, or misrepresenting another website as associated with Websmith Solutions
  • Not reproduce, copy, resell, exploit, or duplicate any part of the Service without written permission from Websmith Solutions
  • Avoid creating multiple accounts for the purpose of "gaming" the free account system.

The Client accepts responsibility for any damages caused to Websmith Solutions, third parties, or the Service itself and will indemnify Websmith Solutions and websmith solutions against any claims arising due to such data. While Websmith Solutions stakes measures to prevent unlawful activity on its platform, the Client acknowledges that Websmith Solutions cannot be held responsible for the Processed Emails and submitted Content. The Client accepts these risks and agrees to use the Service at their own risk.

Websmith Solutions may remove any User Data it deems unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable.

9. LIABILITY

The Service is provided on an “as is” and “as available” basis. It is not a substitute for the Client's internal business functions. Websmith Solutions assumes an obligation of means but makes no implicit or explicit guarantees regarding service use.

The Client accepts that:

  • Service use occurs at the Client’s own risk.
  • Technical transmission may be subject to network adaptations and changes.
  • There are no guarantees that the Service will meet all Client needs, will remain uninterrupted, timely, or error-free.

Websmith Solutions is not liable for any failure to meet expectations or Service interruptions. Loss of User Data is the Client's sole responsibility unless negligence is proven on Websmith Solutions part.

The Client understands that Websmith Solutions partners with third-party vendors for necessary technologies and hosting and thus limits its liability to issues related to its internal operations.

Websmith Solutions is not liable for:

  • Downgrading or failure of services.
  • Loss of User Data or features.
  • Client errors or breaches in security obligations.

The Client agrees that Websmith Solutions liability is strictly limited to the total fees paid by the Client or a total of 06 months of subscription, whichever is less, for the subscription plan.

The Client expressly acknowledges and agrees that Websmith Solutions shall not be held liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if Websmith Solutions has been advised of the possibility of such damages), arising from:

  1. The use or inability to use the Service;
  2. The cost of procuring substitute services resulting from any services purchased through or from the Service;
  3. Unauthorized access to or alteration of Processed Emails, Content, or Parsed Content;
  4. Statements or conduct of any third party on the Service;
  5. Any other matter related to the Service.

In all cases, the total liability of Websmith Solutions is strictly limited to the total fees paid by the Client or a total of 06 months of subscription, whichever is less, for the subscription plan.

10. TERMINATION FOR BREACH

Any breach of the terms and conditions by the Client may lead to termination of the Agreement and closure of the Client’s Account. Should the Client fail to rectify the breach within seven (7) days of suspension, MaxMailParser retains the right to terminate the Agreement immediately without prior notice. Upon termination:

  • The Client loses access to the Service.
  • User Data related to the Client’s Account will be deleted without compensation.
  • The Client assumes responsibility for any operational or business disruptions arising from termination.
  • No prepaid amounts will be refunded, and MaxMailParser retains the right to pursue any claims against the Client for breaches of the Agreement.

11. INTELLECTUAL PROPERTY RIGHTS

Websmith Solutions' Ownership and Undertakings

All intellectual property rights to the MaxMailParser Solution and all content available on the website https://maxmailparser.com or the MaxMailParser application remain the sole property of Websmith Solutions. Websmith Solutions warrants that it has developed the MaxMailParser Solution and owns the intellectual property rights to the MaxMailParser Solution and all elements used to provide the Service.

Websmith Solutions commits not to claim ownership of User Data and Content processed through the Service, which remain the sole property of the Client.

12. CONFIDENTIALITY

Websmith Solutions and the Client mutually agree to maintain the confidentiality of all information and documents shared by either Party in connection with the performance of this Agreement, regardless of their nature. This confidentiality obligation does not, however, prevent Websmith Solutions from referencing its commercial relationship with the Client, as outlined elsewhere in this Agreement.

13. LIMITATION OF LIABILITY IN FORCE MAJEURE EVENTS

Websmith Solutions employs all reasonable technical measures to ensure the performance of the Service. However, Websmith Solutions shall not be held liable for any unavailability of the Service due to force majeure events, including but not limited to network failures, strikes, natural disasters, earthquakes, public telecommunication network failures, or interruptions caused by private or public entities upon which Websmith Solutions depends.

The Client waives any right to claim indemnity of any kind in such force majeure situations, and Websmith Solutions shall not be held responsible for any costs incurred as a result of the inability to use the Service.

14. ASSIGNMENT, ENTIRE AGREEMENT, AND COMMERCIAL USE

Websmith Solutions reserves the right, at any time and at its sole discretion, to assign, subcontract, transfer, and/or delegate all or part of the rights and obligations under this Agreement to a third party in any manner deemed appropriate.

This Agreement represents the entire understanding between the Parties regarding its subject matter and supersedes all prior negotiations, agreements, and commitments related to it.

The failure of either Party to enforce any provision of this Agreement shall not be construed as a waiver of that Party’s rights under the provision.

The Client grants Websmith Solutions permission to reference the Client’s company name or individual name, as well as the Service provided, solely for commercial purposes.

15. AGREEMENT TERMINATION AND RENEWALS

The Service will remain effective from the date of subscription and will renew automatically unless the Client provides notice of cancellation via email at least 7 days before renewal. The termination will result in the deletion of all processed data on the termination date.