Last updated: February 20, 2023
Terms of Use
Welcome to the InMoat website! The InMoat team thrives on creativity, obsessing about new email filtering capabilities, and helping you to recapture your life. To do that, we have to ask you to read through the following legal jargon. We are available to answer any questions you have at the end and we may even hand out a few gold stars.
AGREEMENT BETWEEN USER AND INMOAT
The InMoat website located at www.InMoat.com (the “Site”) is comprised of various web pages operated by InMoat, LLC (“InMoat” or “We”). The Site and the inbox management system, or “Smart Filters” (and any other products or services) offered by InMoat (the “Services”) are offered to you conditioned on your continued payment of the subscription fees applicable to the Service, as set forth on the Site, and your acceptance without modification of the Terms of Use, including the Privacy Policy (collectively, the “Terms”). This Service is available only to individuals who are at least 13 years old or possess legal parental or guardian consent. Your use of the Site or Services constitutes your agreement to all such Terms. Please read these terms carefully and if you do not agree to the Terms, do not use this Site or the Services.
InMoat may refuse to offer the Services to any person or entity at any time and may change its eligibility criteria, at any time, in its sole discretion.
PRIVACY
Your use of the Site and Services is subject to InMoat’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and Services, and informs users of our data collection practices.
ACCESSING THE WEBSITE AND ACCOUNT SECURITY
InMoat uses a sophisticated system to predict what may be important to you, to categorize your emails, and to help you organize your inbox. We filter your inbox using heuristic algorithms to scan emails for keywords or names from your contact list that match the categories, preferences and settings you choose from the InMoat dashboard. Emails will be classified and sorted according to your preferences using requests to the Gmail APIs and Microsoft 365 Mail APIs. We do not send or receive emails, delete emails, or filter emails to spam. Further, we do not scan for viruses, malware, unsafe messages, memes, messages from exes during shelter-in-place orders, or “Rickrolls” from co-workers. You are in control of your own email destiny, including but not limited to email message content, backups, filter categories, deleting emails, and determining the authenticity, safety, and placement of each email. We will not be liable if for any reason all or any part of your emails are delayed, deleted, lost, corrupted, or if you incorrectly sort an email to the @InMoat folder.
We may restrict access to or discontinue some or all of the Site or Services, and any service or material we provide on the Site, in our sole discretion without notice, at any time, including certain features and the support for certain devices and platforms. We will not be liable if for any reason all or any part of the Site is interrupted or unavailable at any time or for any period, including for maintenance, repairs, upgrades, or network or equipment failures. Events beyond our control may affect our Services, such as events in nature and other force majeure events.
To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information that will be governed by our Privacy Policy. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete.
InMoat operates using your existing Gmail or Microsoft account and requires no separate password. You are responsible for the safety and security of your passwords and usernames, and how your account is accessed through this Site. You must take care to keep passwords and usernames confidential, and to choose passwords and usernames that are not easily guessed or hacked. You are 100% responsible for all Site activity conducted with or through your password-protected account. You must notify InMoat immediately of any unauthorized use or security breach of your account or our Services. We have the right to disable any username or other identifier, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of the Terms.We have engaged 3rd party subscription providers to handle all aspects of your financial transactions involved with purchasing the Services. We do not represent and/or warrant the security or anything else regarding their systems. You must access their website or contact them directly to review their security policies.
LINKS TO AND USE OF THIRD-PARTY SITES/THIRD PARTY SERVICES
The Site may allow you to access, use, or interact with third-party websites, apps, content, and other products and services (“Linked Sites”). For example, you will choose which third-party email providers you want to utilize the InMoat Services for. The Linked Sites are not under the control of InMoat and InMoat is not responsible for the contents of any Linked Site. When you use third-party services, their own terms and privacy policies will govern your use of those services. InMoat is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by InMoat of the site or any association with its operators.
By using any product, service or functionality originating from the Site or Services, you acknowledge and consent to InMoat’s sharing of information and data with any third party with whom InMoat has a contractual relationship (such as its web host) to provide the Services or functionality on behalf of users and customers.
ACCEPTABLE USE POLICY (“AUP”)
As a condition of your use of the Site or Services, you represent and warrant to InMoat that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. Transmission, copying, posting, or the communication of any material through the InMoat Services in violation of any applicable law or regulation is prohibited. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. Breach of these conditions, and any Term herein, may result in suspension or termination of your right to use the Site or Services. We cannot come up with or cover every instance that may be subject to suspension or termination, so please be thoughtful and considerate of others when using our Site or Services. The following are examples of what is not allowed:
- Using material that you are not authorized to use, such as materials protected by or that would infringe another’s copyright, patent, trade secrets or trademarks or any other intellectual property right or proprietary or contractual right;
- Using the Site or Services for any illegal purpose, or in violation of any laws (including without limitation data, privacy, and export control laws);
- Using the Site or Services for the transmission of computer viruses;
Misrepresenting who you are or disguising the origin of any content (including by “spoofing”, “phishing”, manipulating headers or other identifiers, impersonating anyone else, or falsely implying any sponsorship or association with InMoat or any third party);
- Using the Site or Services to violate the privacy of others;
- Attempting to overwhelm our infrastructure or Site or Services through DNS attacks or the use of “bots”, “spiders,” “offline readers,” or other means such that it imposes an unreasonably large load on our systems that consume extraordinary resources (CPUs, memory, disk space, bandwidth, etc.);
- Compromising the integrity of our systems, such as through probing, scanning, or testing the vulnerability of any system or network that hosts our Site or Services;
- Tampering with, reverse-engineering, or hacking our services, circumventing any security or authentication measures, or attempting to gain unauthorized access to the Site or Services, related systems, networks, or data;
- Modifying, disabling, or compromising the integrity or performance of the Site or Services or related systems, network or data;
- Deciphering any transmissions to or from the servers running the Site or Services;
- Using the Site or Services to stalk, harass, or post direct, specific threats of violence against others;
- Using the Site or Services for any illegal purpose, or in violation of any laws (including without limitation data, privacy, and export control laws);
- Accessing or searching any part of the Site or Services by any means other than our publicly supported interfaces (for example, “scraping”);
- Using meta tags or any other “hidden text” including InMoat’s or third-party product names or trademarks;
- Using the Site or Services to generate or send unsolicited communications, advertising, chain letters, or spam;
- Soliciting our users for commercial purposes, unless expressly permitted by InMoat;
- Disparaging InMoat, our users, or our partners, vendors, or affiliates; or
- Posting or using anything that could otherwise cause damage to InMoat or any third party.
Again, the above list, although fairly lengthy, is not meant to be a comprehensive list of violations. Please use common sense and common courtesy with how you use our Site and Services.
INTELLECTUAL PROPERTY
We own all protected content, including copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use any protected content unless you have our express permission. You agree that you do not acquire any ownership rights in any protected content. No license to any software is granted hereunder. We do not grant you any licenses, express or implied, to the intellectual property of InMoat or our licensors except as expressly authorized by these Terms.
You are granted a limited, non-exclusive, non-sublicensable, non-transferable, revocable right to access and use this Site and the Services strictly in accordance with these Terms.
THIRD PARTY ACCOUNTS
You may be able to connect to third party accounts, such as email and social media, from the Site or Services. By connecting to any third-party account, you acknowledge and consent to the continuous release of information about you to those accounts (in accordance with your privacy settings on those third-party sites). If you do not want information about you to be shared with any third parties, do not use such features.
INTERNATIONAL USERSThe Site and Services are controlled, operated and administered by InMoat from within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all applicable laws. You agree that you will not use the Site or Services or transfer any personal data (or other data or information) in any manner prohibited by any applicable laws, restrictions or regulations.
INDEMNIFICATION
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS INMOAT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THIRD PARTIES, FOR ANY LOSSES, COSTS, LIABILITIES AND EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES) RELATING TO OR ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICES, ANY USER POSTINGS MADE BY YOU, YOUR VIOLATION OF ANY TERMS OF THESE TERMS OR YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY, OR YOUR VIOLATION OF ANY APPLICABLE LAWS, RULES OR REGULATIONS. INMOAT RESERVES THE RIGHT, AT ITS OWN COST, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH INMOAT IN ASSERTING ANY AVAILABLE DEFENSES.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
INMOAT AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THIS SITE OR THE SERVICES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL INFORMATION, SOFTWARE, PRODUCTS, THIS SITE, THE SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. INMOAT AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS SITE AND THE SERVICES INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL INMOAT OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE OR THE SERVICES, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE THE SITE OR SERVICES OR OTHERWISE ARISING OUT OF THE USE OF THE SITE OR SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF INMOAT OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS FOR THE SITE IS TO DISCONTINUE USING THE SITE.
INMOAT’S LIABILITY FOR ANY CLAIMS OR ACTIONS ARISING UNDER OR RELATED TO THE SITE OR SERVICES IS LIMITED TO THE AMOUNT YOU HAVE PAID FOR THE SERVICES WITHIN THE LAST YEAR PRIOR TO INMOAT BEING NOTIFIED OF THE CLAIM OR ACTION.
DISPUTE RESOLUTION
You agree that all disputes between you and InMoat (whether or not such dispute involves a third party) with regard to your relationship with InMoat, including without limitation disputes related to these Terms of Use, your use of this Site, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes and you and InMoat hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules. You may bring claims only on your own behalf. Neither you nor InMoat will participate in a class action or class-wide arbitration for any claims covered by this agreement.
You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if InMoat is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and eighty (180) days of filing the case, then either InMoat or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use.
You agree that any claim you may have arising out of or related to your relationship with InMoat must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
TERMINATION AND SUSPENSION
InMoat reserves the right, in its sole discretion, to modify, suspend or terminate your access to the Site or the use of our Services if you violate any of these Terms (including the AUP) or if you fail to pay any amounts owed within 5 business days from the date on any notice (including via email) provided by InMoat. InMoat is unable to exercise control over the content of any information that is transmitted using the Site or Services and InMoat does not monitor or exercise any editorial control over any information or content. Nonetheless, if we deem that it is necessary to take action based on your violation of these Terms, including Privacy Policy, or in response to any valid law enforcement or DMCA takedown requests then we may suspend or terminate your access to the Site or Services. We will use reasonable efforts to provide you with advance notice of removals and suspensions when practicable, but if we determine that your actions endanger the operation of the Site or Services or other users, we may suspend or terminate your access immediately without notice. We have no liability to you for suspending or terminating your access to any Site or Services as described herein. The following provisions will survive any termination of your relationship with InMoat: “Availability of Website,” “Intellectual Property / Licenses,” “Disclaimers,” “Limitation of Liability,” “Indemnification,” “Dispute Resolution,” “Termination and Suspension,” “Miscellaneous,” and “Feedback.”
COPYRIGHT NOTICE
If you believe that any content in the InMoat Site violates your copyright, please notify InMoat in writing at info@inmoat.com or by writing us via mail at our office in Austin, TX. InMoat cannot take action unless you give us all the required information. In order for us to take action, you must do the following in your notice:
1. provide your physical or electronic signature;
2. identify the copyrighted work that you believe is being infringed;
3. identify the item that you think is infringing and include sufficient information about where the material is located (including, for example, the specific web page on our Site) so that we can find it;
4. provide us with a way to contact you (such as address, telephone number, or email);
5. provide a statement that you believe in good faith that the item identified as infringing is not authorized by the copyright owner, its agent, or the law to be used by InMoat;
6. and provide a statement that the information you provide in the notice is accurate, and that (under penalty of perjury), you are authorized to act on behalf of the copyright owner whose work is being infringed.
FEES, CANCELLATIONS, REFUNDS, AND CHARGES
Subscription Fees
You shall pay for all subscription fees, and hereby authorize InMoat (and its payment processors) to debit your bank account or charge your credit card. You agree that all subscription plans are recurring and will be renewed automatically.
Cancellation or User Termination Policy
You acknowledge that all subscription fees are charged automatically on a recurring basis until you cancel or terminate your subscription (both month-to-month and annual plans). You have the right to cancel your subscription at any time by accessing the subscription portal through the settings page in your InMoat dashboard, using a link to manage the subscription from the payment confirmation email sent to you after the purchase or by informing us about your decision by email at info@inmoat.com at least 15 business days before your subscription renewal date. Please keep in mind that you are solely responsible for properly canceling or terminating your account. Make sure you tell us your name and email used for the purchase. We will not be able to find your subscription if we don't have the correct details. Your access to the service will be terminated immediately when you cancel your subscription.
Refunds
InMoat may, in its sole discretion, offer a free limited trial to anyone who wants to check out the service before committing to a paid subscription. Such free trial offering shall be posted on the Site and be subject to these Terms of Use.For clients who purchased the subscription, without using a free trial, InMoat can issue a refund for the service within 30 days of the original purchase date of the product under certain conditions:
- You are unable to access the service (your email service is not supported)
- You asked for a refund within 7 days of your purchase without using the service. This also applies to rebills (e.g.: you have been billed but did not use the service)
The chosen subscription is billed in advance on a monthly or annual basis and is non-refundable; no refunds will be issued unless otherwise required by law. InMoat does not offer prorated refunds for canceled subscription plans. All subscription plans are recurring and will be automatically renewed after the end of each paid subscription period. This includes both month-to-month and annual plans.
InMoat does not provide refunds or credits for any term prepaid by you and you will not receive any refund for any unused days of any periodic subscription term unless otherwise required by law. In order to treat everyone equally, no exceptions will be made. To avoid abuses of the service no refunds will be given to repeated purchases (users who purchased in the past and canceled) and for rebills where a proper cancellation request was not made at least 15 business days before the charge. We recommend contacting us for assistance if you experience any issues receiving or using our service.
InMoat’s Refund Policy for Annual Plans
InMoat is committed to the success of our customers, but through experience we have found that users have varying requirements, capabilities, and limitations with regard to the types of devices and software they can use, the way their local network is configured, the speed of their internet connection, etc. These issues may impact a customer’s ability to use InMoat as it is intended. Accordingly, InMoat may offer a Free Limited Trial, details of which shall be posted on the Site. InMoat also offers an Annual Subscription Plan for customers who are certain that InMoat is compatible with their needs. It is your responsibility to evaluate InMoat, including its features, limitations, and system requirements before selecting the Annual Plan. If you are not certain that InMoat is a fit for your use case, then you should not choose the Annual Plan. InMoat does not provide refunds to Annual Plans customers on the basis of customers not understanding of the system requirements, or the presence of compatibility issues, including inadequate internet speed or consistency, or incompatible devices, operating systems, or browser software versions. If you choose the Annual Plan, you are entering into a one-year subscription contract that expires 12 months after you sign up. You are responsible for paying for the entire subscription term. If you decide to cancel your subscription before the subscription term, then you will still be billed for the remaining months of your subscription, and you will still have access to the benefits of the service until the end of the term.
MISCELLANEOUS TERMS
To the maximum extent permitted by law, these Terms are governed by the laws of the State of Texas and you consent to the exclusive jurisdiction and venue of courts in Travis County, Austin, Texas in all disputes arising out of or relating to the use of the Site or Services.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and InMoat as a result of these Terms or use of the Site or Services.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.
Except as contemplated herein, our Terms do not give any third-party beneficiary rights. If we fail to enforce any of our Terms, it will not be considered a waiver. We reserve all rights not expressly granted by us to you. In certain jurisdictions, you may have legal rights as a consumer, and our Terms are not intended to limit such consumer legal rights that may not be waived by contract.
Unless otherwise specified in the Terms, these Terms constitute the entire agreement between the user and InMoat with respect to the Site and Services and the Terms supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and InMoat with respect to the Site or Services.
The parties agree that these Terms or a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
CHANGES TO TERMS
InMoat reserves the right, in its sole discretion, to change these Terms. The most current version of the Terms will supersede all previous versions. InMoat encourages you to periodically review the Terms to stay informed of any updates. Your continued use of the Site and Services following the posting of updated Terms means that you accept and agree to the changes. If you do not agree to the updated Terms, you may terminate your subscription and use of the Services upon 15 days written notice from the last modified date of the updated Terms, and InMoat will refund any amounts paid for the unused portion of the Service.
FEEDBACK
We would love to hear from you, especially the groundbreaking individuals helping us with the Beta Testing. You may provide feedback to InMoat, at any time, concerning the Site and Services, including any comments, suggestions or ideas for improving or otherwise modifying our products and services (the “Feedback”). Please be aware that we will have the right to use any Feedback you provide without any obligation to you. By providing us any Feedback, you hereby assign the ownership in all Feedback to InMoat. In the event ownership in the Feedback cannot be granted to InMoat, you grant InMoat at no charge a perpetual, irrevocable, royalty-free, worldwide, transferable right and license, with the right to sublicense, to use, reproduce, disclose, sublicense, distribute, modify, and otherwise exploit such Feedback without restriction.
COPYRIGHTS
Copyright © 2021, InMoat, LLC All rights reserved.
CONTACT US
You may contact us at:
Address: 300 S Lamar Blvd, #409, Austin, TX 78704, USA
Email Address: info [at] inmoat.com
Telephone number: 917 – 446 - 1505
AGREEMENT BETWEEN USER AND INMOAT
The InMoat website located at www.InMoat.com (the “Site”) is comprised of various web pages operated by InMoat, LLC (“InMoat” or “We”). The Site and the inbox management system, or “Smart Filters” (and any other products or services) offered by InMoat (the “Services”) are offered to you conditioned on your continued payment of the subscription fees applicable to the Service, as set forth on the Site, and your acceptance without modification of the Terms of Use, including the Privacy Policy (collectively, the “Terms”). This Service is available only to individuals who are at least 13 years old or possess legal parental or guardian consent. Your use of the Site or Services constitutes your agreement to all such Terms. Please read these terms carefully and if you do not agree to the Terms, do not use this Site or the Services.
InMoat may refuse to offer the Services to any person or entity at any time and may change its eligibility criteria, at any time, in its sole discretion.
PRIVACY
Your use of the Site and Services is subject to InMoat’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and Services, and informs users of our data collection practices.
ACCESSING THE WEBSITE AND ACCOUNT SECURITY
InMoat uses a sophisticated system to predict what may be important to you, to categorize your emails, and to help you organize your inbox. We filter your inbox using heuristic algorithms to scan emails for keywords or names from your contact list that match the categories, preferences and settings you choose from the InMoat dashboard. Emails will be classified and sorted according to your preferences using requests to the Gmail APIs and Microsoft 365 Mail APIs. We do not send or receive emails, delete emails, or filter emails to spam. Further, we do not scan for viruses, malware, unsafe messages, memes, messages from exes during shelter-in-place orders, or “Rickrolls” from co-workers. You are in control of your own email destiny, including but not limited to email message content, backups, filter categories, deleting emails, and determining the authenticity, safety, and placement of each email. We will not be liable if for any reason all or any part of your emails are delayed, deleted, lost, corrupted, or if you incorrectly sort an email to the @InMoat folder.
We may restrict access to or discontinue some or all of the Site or Services, and any service or material we provide on the Site, in our sole discretion without notice, at any time, including certain features and the support for certain devices and platforms. We will not be liable if for any reason all or any part of the Site is interrupted or unavailable at any time or for any period, including for maintenance, repairs, upgrades, or network or equipment failures. Events beyond our control may affect our Services, such as events in nature and other force majeure events.
To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information that will be governed by our Privacy Policy. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete.
InMoat operates using your existing Gmail or Microsoft account and requires no separate password. You are responsible for the safety and security of your passwords and usernames, and how your account is accessed through this Site. You must take care to keep passwords and usernames confidential, and to choose passwords and usernames that are not easily guessed or hacked. You are 100% responsible for all Site activity conducted with or through your password-protected account. You must notify InMoat immediately of any unauthorized use or security breach of your account or our Services. We have the right to disable any username or other identifier, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of the Terms.We have engaged 3rd party subscription providers to handle all aspects of your financial transactions involved with purchasing the Services. We do not represent and/or warrant the security or anything else regarding their systems. You must access their website or contact them directly to review their security policies.
LINKS TO AND USE OF THIRD-PARTY SITES/THIRD PARTY SERVICES
The Site may allow you to access, use, or interact with third-party websites, apps, content, and other products and services (“Linked Sites”). For example, you will choose which third-party email providers you want to utilize the InMoat Services for. The Linked Sites are not under the control of InMoat and InMoat is not responsible for the contents of any Linked Site. When you use third-party services, their own terms and privacy policies will govern your use of those services. InMoat is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by InMoat of the site or any association with its operators.
By using any product, service or functionality originating from the Site or Services, you acknowledge and consent to InMoat’s sharing of information and data with any third party with whom InMoat has a contractual relationship (such as its web host) to provide the Services or functionality on behalf of users and customers.
ACCEPTABLE USE POLICY (“AUP”)
As a condition of your use of the Site or Services, you represent and warrant to InMoat that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. Transmission, copying, posting, or the communication of any material through the InMoat Services in violation of any applicable law or regulation is prohibited. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. Breach of these conditions, and any Term herein, may result in suspension or termination of your right to use the Site or Services. We cannot come up with or cover every instance that may be subject to suspension or termination, so please be thoughtful and considerate of others when using our Site or Services. The following are examples of what is not allowed:
- Using material that you are not authorized to use, such as materials protected by or that would infringe another’s copyright, patent, trade secrets or trademarks or any other intellectual property right or proprietary or contractual right;
- Using the Site or Services for any illegal purpose, or in violation of any laws (including without limitation data, privacy, and export control laws);
- Using the Site or Services for the transmission of computer viruses;
Misrepresenting who you are or disguising the origin of any content (including by “spoofing”, “phishing”, manipulating headers or other identifiers, impersonating anyone else, or falsely implying any sponsorship or association with InMoat or any third party);
- Using the Site or Services to violate the privacy of others;
- Attempting to overwhelm our infrastructure or Site or Services through DNS attacks or the use of “bots”, “spiders,” “offline readers,” or other means such that it imposes an unreasonably large load on our systems that consume extraordinary resources (CPUs, memory, disk space, bandwidth, etc.);
- Compromising the integrity of our systems, such as through probing, scanning, or testing the vulnerability of any system or network that hosts our Site or Services;
- Tampering with, reverse-engineering, or hacking our services, circumventing any security or authentication measures, or attempting to gain unauthorized access to the Site or Services, related systems, networks, or data;
- Modifying, disabling, or compromising the integrity or performance of the Site or Services or related systems, network or data;
- Deciphering any transmissions to or from the servers running the Site or Services;
- Using the Site or Services to stalk, harass, or post direct, specific threats of violence against others;
- Using the Site or Services for any illegal purpose, or in violation of any laws (including without limitation data, privacy, and export control laws);
- Accessing or searching any part of the Site or Services by any means other than our publicly supported interfaces (for example, “scraping”);
- Using meta tags or any other “hidden text” including InMoat’s or third-party product names or trademarks;
- Using the Site or Services to generate or send unsolicited communications, advertising, chain letters, or spam;
- Soliciting our users for commercial purposes, unless expressly permitted by InMoat;
- Disparaging InMoat, our users, or our partners, vendors, or affiliates; or
- Posting or using anything that could otherwise cause damage to InMoat or any third party.
Again, the above list, although fairly lengthy, is not meant to be a comprehensive list of violations. Please use common sense and common courtesy with how you use our Site and Services.
INTELLECTUAL PROPERTY
We own all protected content, including copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use any protected content unless you have our express permission. You agree that you do not acquire any ownership rights in any protected content. No license to any software is granted hereunder. We do not grant you any licenses, express or implied, to the intellectual property of InMoat or our licensors except as expressly authorized by these Terms.
You are granted a limited, non-exclusive, non-sublicensable, non-transferable, revocable right to access and use this Site and the Services strictly in accordance with these Terms.
THIRD PARTY ACCOUNTS
You may be able to connect to third party accounts, such as email and social media, from the Site or Services. By connecting to any third-party account, you acknowledge and consent to the continuous release of information about you to those accounts (in accordance with your privacy settings on those third-party sites). If you do not want information about you to be shared with any third parties, do not use such features.
INTERNATIONAL USERSThe Site and Services are controlled, operated and administered by InMoat from within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all applicable laws. You agree that you will not use the Site or Services or transfer any personal data (or other data or information) in any manner prohibited by any applicable laws, restrictions or regulations.
INDEMNIFICATION
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS INMOAT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THIRD PARTIES, FOR ANY LOSSES, COSTS, LIABILITIES AND EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES) RELATING TO OR ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICES, ANY USER POSTINGS MADE BY YOU, YOUR VIOLATION OF ANY TERMS OF THESE TERMS OR YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY, OR YOUR VIOLATION OF ANY APPLICABLE LAWS, RULES OR REGULATIONS. INMOAT RESERVES THE RIGHT, AT ITS OWN COST, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH INMOAT IN ASSERTING ANY AVAILABLE DEFENSES.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
INMOAT AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THIS SITE OR THE SERVICES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL INFORMATION, SOFTWARE, PRODUCTS, THIS SITE, THE SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. INMOAT AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS SITE AND THE SERVICES INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL INMOAT OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE OR THE SERVICES, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE THE SITE OR SERVICES OR OTHERWISE ARISING OUT OF THE USE OF THE SITE OR SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF INMOAT OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS FOR THE SITE IS TO DISCONTINUE USING THE SITE.
INMOAT’S LIABILITY FOR ANY CLAIMS OR ACTIONS ARISING UNDER OR RELATED TO THE SITE OR SERVICES IS LIMITED TO THE AMOUNT YOU HAVE PAID FOR THE SERVICES WITHIN THE LAST YEAR PRIOR TO INMOAT BEING NOTIFIED OF THE CLAIM OR ACTION.
DISPUTE RESOLUTION
You agree that all disputes between you and InMoat (whether or not such dispute involves a third party) with regard to your relationship with InMoat, including without limitation disputes related to these Terms of Use, your use of this Site, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes and you and InMoat hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules. You may bring claims only on your own behalf. Neither you nor InMoat will participate in a class action or class-wide arbitration for any claims covered by this agreement.
You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if InMoat is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and eighty (180) days of filing the case, then either InMoat or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use.
You agree that any claim you may have arising out of or related to your relationship with InMoat must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
TERMINATION AND SUSPENSION
InMoat reserves the right, in its sole discretion, to modify, suspend or terminate your access to the Site or the use of our Services if you violate any of these Terms (including the AUP) or if you fail to pay any amounts owed within 5 business days from the date on any notice (including via email) provided by InMoat. InMoat is unable to exercise control over the content of any information that is transmitted using the Site or Services and InMoat does not monitor or exercise any editorial control over any information or content. Nonetheless, if we deem that it is necessary to take action based on your violation of these Terms, including Privacy Policy, or in response to any valid law enforcement or DMCA takedown requests then we may suspend or terminate your access to the Site or Services. We will use reasonable efforts to provide you with advance notice of removals and suspensions when practicable, but if we determine that your actions endanger the operation of the Site or Services or other users, we may suspend or terminate your access immediately without notice. We have no liability to you for suspending or terminating your access to any Site or Services as described herein. The following provisions will survive any termination of your relationship with InMoat: “Availability of Website,” “Intellectual Property / Licenses,” “Disclaimers,” “Limitation of Liability,” “Indemnification,” “Dispute Resolution,” “Termination and Suspension,” “Miscellaneous,” and “Feedback.”
COPYRIGHT NOTICE
If you believe that any content in the InMoat Site violates your copyright, please notify InMoat in writing at info@inmoat.com or by writing us via mail at our office in Austin, TX. InMoat cannot take action unless you give us all the required information. In order for us to take action, you must do the following in your notice:
1. provide your physical or electronic signature;
2. identify the copyrighted work that you believe is being infringed;
3. identify the item that you think is infringing and include sufficient information about where the material is located (including, for example, the specific web page on our Site) so that we can find it;
4. provide us with a way to contact you (such as address, telephone number, or email);
5. provide a statement that you believe in good faith that the item identified as infringing is not authorized by the copyright owner, its agent, or the law to be used by InMoat;
6. and provide a statement that the information you provide in the notice is accurate, and that (under penalty of perjury), you are authorized to act on behalf of the copyright owner whose work is being infringed.
FEES, CANCELLATIONS, REFUNDS, AND CHARGES
Subscription Fees
You shall pay for all subscription fees, and hereby authorize InMoat (and its payment processors) to debit your bank account or charge your credit card. You agree that all subscription plans are recurring and will be renewed automatically.
Cancellation or User Termination Policy
You acknowledge that all subscription fees are charged automatically on a recurring basis until you cancel or terminate your subscription (both month-to-month and annual plans). You have the right to cancel your subscription at any time by accessing the subscription portal through the settings page in your InMoat dashboard, using a link to manage the subscription from the payment confirmation email sent to you after the purchase or by informing us about your decision by email at info@inmoat.com at least 15 business days before your subscription renewal date. Please keep in mind that you are solely responsible for properly canceling or terminating your account. Make sure you tell us your name and email used for the purchase. We will not be able to find your subscription if we don't have the correct details. Your access to the service will be terminated immediately when you cancel your subscription.
Refunds
InMoat may, in its sole discretion, offer a free limited trial to anyone who wants to check out the service before committing to a paid subscription. Such free trial offering shall be posted on the Site and be subject to these Terms of Use.For clients who purchased the subscription, without using a free trial, InMoat can issue a refund for the service within 30 days of the original purchase date of the product under certain conditions:
- You are unable to access the service (your email service is not supported)
- You asked for a refund within 7 days of your purchase without using the service. This also applies to rebills (e.g.: you have been billed but did not use the service)
The chosen subscription is billed in advance on a monthly or annual basis and is non-refundable; no refunds will be issued unless otherwise required by law. InMoat does not offer prorated refunds for canceled subscription plans. All subscription plans are recurring and will be automatically renewed after the end of each paid subscription period. This includes both month-to-month and annual plans.
InMoat does not provide refunds or credits for any term prepaid by you and you will not receive any refund for any unused days of any periodic subscription term unless otherwise required by law. In order to treat everyone equally, no exceptions will be made. To avoid abuses of the service no refunds will be given to repeated purchases (users who purchased in the past and canceled) and for rebills where a proper cancellation request was not made at least 15 business days before the charge. We recommend contacting us for assistance if you experience any issues receiving or using our service.
InMoat’s Refund Policy for Annual Plans
InMoat is committed to the success of our customers, but through experience we have found that users have varying requirements, capabilities, and limitations with regard to the types of devices and software they can use, the way their local network is configured, the speed of their internet connection, etc. These issues may impact a customer’s ability to use InMoat as it is intended. Accordingly, InMoat may offer a Free Limited Trial, details of which shall be posted on the Site. InMoat also offers an Annual Subscription Plan for customers who are certain that InMoat is compatible with their needs. It is your responsibility to evaluate InMoat, including its features, limitations, and system requirements before selecting the Annual Plan. If you are not certain that InMoat is a fit for your use case, then you should not choose the Annual Plan. InMoat does not provide refunds to Annual Plans customers on the basis of customers not understanding of the system requirements, or the presence of compatibility issues, including inadequate internet speed or consistency, or incompatible devices, operating systems, or browser software versions. If you choose the Annual Plan, you are entering into a one-year subscription contract that expires 12 months after you sign up. You are responsible for paying for the entire subscription term. If you decide to cancel your subscription before the subscription term, then you will still be billed for the remaining months of your subscription, and you will still have access to the benefits of the service until the end of the term.
MISCELLANEOUS TERMS
To the maximum extent permitted by law, these Terms are governed by the laws of the State of Texas and you consent to the exclusive jurisdiction and venue of courts in Travis County, Austin, Texas in all disputes arising out of or relating to the use of the Site or Services.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and InMoat as a result of these Terms or use of the Site or Services.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.
Except as contemplated herein, our Terms do not give any third-party beneficiary rights. If we fail to enforce any of our Terms, it will not be considered a waiver. We reserve all rights not expressly granted by us to you. In certain jurisdictions, you may have legal rights as a consumer, and our Terms are not intended to limit such consumer legal rights that may not be waived by contract.
Unless otherwise specified in the Terms, these Terms constitute the entire agreement between the user and InMoat with respect to the Site and Services and the Terms supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and InMoat with respect to the Site or Services.
The parties agree that these Terms or a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
CHANGES TO TERMS
InMoat reserves the right, in its sole discretion, to change these Terms. The most current version of the Terms will supersede all previous versions. InMoat encourages you to periodically review the Terms to stay informed of any updates. Your continued use of the Site and Services following the posting of updated Terms means that you accept and agree to the changes. If you do not agree to the updated Terms, you may terminate your subscription and use of the Services upon 15 days written notice from the last modified date of the updated Terms, and InMoat will refund any amounts paid for the unused portion of the Service.
FEEDBACK
We would love to hear from you, especially the groundbreaking individuals helping us with the Beta Testing. You may provide feedback to InMoat, at any time, concerning the Site and Services, including any comments, suggestions or ideas for improving or otherwise modifying our products and services (the “Feedback”). Please be aware that we will have the right to use any Feedback you provide without any obligation to you. By providing us any Feedback, you hereby assign the ownership in all Feedback to InMoat. In the event ownership in the Feedback cannot be granted to InMoat, you grant InMoat at no charge a perpetual, irrevocable, royalty-free, worldwide, transferable right and license, with the right to sublicense, to use, reproduce, disclose, sublicense, distribute, modify, and otherwise exploit such Feedback without restriction.
COPYRIGHTS
Copyright © 2021, InMoat, LLC All rights reserved.
CONTACT US
You may contact us at:
Address: 300 S Lamar Blvd, #409, Austin, TX 78704, USA
Email Address: info [at] inmoat.com
Telephone number: 917 – 446 - 1505
