Last updated: July 22, 2022
Swismail is licensed to You (End-User) by Anisoft, (hereinafter: Licensor), for use only under the terms of this Licence Agreement.
By downloading the Application from the PlayStore AppStore or Google PlayStore or by accessing via web browser, and any update thereto (as permitted by this Licence Agreement), You indicate that You agree to be bound by all of the terms and conditions of this Licence Agreement, and that You accept this Licence Agreement.
The parties of this Licence Agreement acknowledge that PlayStore or Google is not a Party to this Licence Agreement and is not bound by any provisions or obligations with regard to the Application, such as warranty, liability, maintenance and support thereof. Anisoft LLC, not PlayStore/Google, is solely responsible for the licensed Application and the content thereof.
This Licence Agreement may not provide for usage rules for the Application that are in conflict with the latest App Store Terms of Service. Anisoft acknowledges that it had the opportunity to review said terms and this Licence Agreement is not conflicting with them.
All rights not expressly granted to You are reserved.
Swismail (hereinafter: Application) is a premium email service created to provide you with a future ready email application - and customised for various mobile devices to provide email service.
The Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Application. You may not use the Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2.1 You are given a non-transferable, non-exclusive, non-sublicensable licence to install and use the Licensed Application on any PlayStore/Google-branded Products that You (End-User) own or control and as permitted by the Usage Rules set forth in this section and the App Store Terms of Service, with the exception that such licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.
2.2 This licence will also govern any updates of the Application provided by Licensor that replace, repair, and/or supplement the first Application, unless a separate licence is provided for such update in which case the terms of that new licence will govern.
2.3 You may not share or make the Application available to third parties (unless to the degree allowed by the PlayStore Terms and Conditions, and with Anisoft's prior written consent), sell, rent, lend, lease or otherwise redistribute the Application.
2.4 You may not reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Application, or any part thereof (except with Anisoft's prior written consent).
2.5 You may not copy (excluding when expressly authorised by this licence and the Usage Rules) or alter the Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this licence, the App Store Terms of Service, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorised third parties may gain access to these copies at any time.
2.6 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
2.7 Licensor reserves the right to modify the terms and conditions of licensing.
2.8 Nothing in this licence should be interpreted to restrict third-party terms. When using the Application, You must ensure that You comply with applicable third-party terms and conditions.
3.1 Licensor attempts to keep the Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.
3.2 You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Application satisfies the technical specifications mentioned above.
3.3 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
4.1 The Licensor is solely responsible for providing any maintenance and support services for this licensed Application. You can reach the Licensor at the email address listed in the App Store Overview for this licensed Application.
4.2 Anisoft and the End-User acknowledge that PlayStore has no obligation whatsoever to furnish any maintenance and support services with respect to the licensed Application.
6.1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
6.4. Your Contributions are not false, inaccurate, or misleading.
6.5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6.6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
6.7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
6.8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
6.9. Your Contributions do not violate any applicable law, regulation, or rule.
6.10. Your Contributions do not violate the privacy or publicity rights of any third party.
6.11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
6.12. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
6.13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
6.15. You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links ("Content") that you submit and display on the Swismail service.
6.16. You must not create or submit unwanted email or comments to any Swismail members ("Spam").
6.17. You must not use web URLs in your name without prior written consent from Anisoft.
6.18. Swismail does NOT claim ANY ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post through the Swismail Services. By displaying or publishing ("posting") any Content through the Swismail Services, you hereby grant to Swismail a non-exclusive, fully paid and royalty-free, worldwide, limited licence to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Site in any media formats through any media channels, except Content not shared publicly ("private") will not be distributed outside the Swismail Services.
6.19. Although the Site and other Swismail Services are normally available, there will be occasions when the Site or other Swismail Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of Swismail. Also, although Swismail will normally only delete Content that violates this Agreement, Swismail reserves the right to delete any Content for any reason, without prior notice. Deleted content may be stored by Swismail in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, Swismail encourages you to maintain your own backup of your Content. In other words, Swismail is not a backup service. Swismail will not be liable to you for any modification, suspension, or discontinuation of the Swismail Services, or the loss of any Content.
6.20. Violation of the terms and conditions can result in suspension or ban of the user account.
7.2 By submitting suggestions of other feedback regarding the Application, you agree that we can use and share such feedback for any purpose without compensation to you.
7.3 We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Application. You are solely responsible for your Contributions to the Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
8.1 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this Agreement. To avoid data loss, You are required to make use of backup functions of the Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Application, You will not have access to licensed Application.
9.1 Licensor warrants that the Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Application works as described in the user documentation.
9.2 No warranty is provided for the Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of Anisoft LLC's sphere of influence that affect the executability of the Application.
9.3 You are required to inspect the Application immediately after installing it and notify Anisoft LLC about issues discovered without delay by email provided in Product Claims. The defect report will be taken into consideration and further investigated if it has been mailed within a period of two (2) days after discovery.
9.4 If we confirm that the Application is defective, Anisoft LLC reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.
9.5 In the event of any failure of the Application to conform to any applicable warranty, You may notify the App-Store-Operator, and Your Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the App-Store-Operator will have no other warranty obligation whatsoever with respect to the App, and any other losses, claims, damages, liabilities, expenses and costs attributable to any negligence to adhere to any warranty.
9.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.
Anisoft LLC and the End-User acknowledge that Anisoft LLC, and not PlayStore, is responsible
for addressing any claims of the End-User or any third party relating to the licensed
Application or the End-User’s possession and/or use of that licensed Application, including,
but not limited to:
(i) product liability claims;
(ii) any claim that the licensed Application fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit.
You represent and warrant that You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and that You are not listed on any U.S. Government list of prohibited or restricted parties.
For general inquiries, complaints, questions or claims concerning the licensed Application, please contact: Swismail Team at contact@Swismail.com
The licence is valid until terminated by Anisoft LLC or by You. Your rights under this licence will terminate automatically and without notice from Anisoft LLC if You fail to adhere to any term(s) of this licence. Upon Licence termination, You shall stop all use of the Application, and destroy all copies, full or partial, of the Application.
Anisoft LLC represents and warrants that Anisoft LLC will comply with applicable third-party terms of agreement when using licensed Application.
In Accordance with Section 9 of the "Instructions for Minimum Terms of Developer's End-User Licence Agreement," PlayStore and PlayStore's subsidiaries shall be third-party beneficiaries of this End User Licence Agreement and - upon Your acceptance of the terms and conditions of this licence agreement, PlayStore will have the right (and will be deemed to have accepted the right) to enforce this End User Licence Agreement against You as a third-party beneficiary thereof.
Anisoft LLC and the End-User acknowledge that, in the event of any third-party claim that the licensed Application or the End-User's possession and use of that licensed Application infringes on the third party's intellectual property rights, Anisoft LLC, and not PlayStore, will be solely responsible for the investigation, defence, settlement and discharge or any such intellectual property infringement claims.
This licence agreement is governed by the laws of the State of New Jersey excluding its conflicts of law rules.
Swismail application uses some of the icons/images from User illustrations by Storyset
18.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
18.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.