Terms of Use

Rights to access and/or use Services and ownership

By using Services and subject to your compliance with Terms:

• We grant to you a subscription-based, limited, per-user, non-exclusive, non-transferable, revocable right to use and/or access Services
• Neither Terms nor your access to and/or use of Services transfers to you and/or any third party any rights, title, and/or interest in any intellectual property rights related to Services
• You agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell, and/or resell any content, software, products, and/or services obtained from and/or through Services without the express prior written permission of us.

Reservation of rights

Our Services are protected by applicable intellectual property laws, including United States copyright law and international treaties. Subject to the limited rights expressly granted hereunder, we reserve all rights, title, and interest in and to Services, including, without limitation, all related worldwide intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.

Availability of content

We do not guarantee that any content will be made available on Services.

We reserve the right to, but do not have any obligation to remove or block any content in our sole discretion, at any time, with or without notice to you, and for any reason (including, but not limited to, upon receipt of claims and/or allegations from third parties and/or authorities relating to such content and/or if we are concerned that you may have violated Terms), and/or for no reason at all.

We reserve the right to impose and change limits or restrictions (temporary or otherwise) on the use of Services, including, but not limited to, restrictions on storage provided through a link to storage space, the time/age of the items/files, the number or size of the items/files, the amount of data downloaded or uploaded, and/or any other criteria we may specify. Any your content exceeding any such limit may be removed or not accepted for such storage without any liability on our part.

Free trial subscription plan

We provide a free trial subscription plan available here: https://www.ablebits.com/outlook-shared-email-templates/. The free trial subscription plan is fully functional Services, whereby you may subscribe to Services at no obligation during the trial period. When the free trial subscription plan has expired, you should choose a paid subscription plan or stop using Services.

Paid subscription plans

A paid subscription plan is automatically enabled for you when you consummate the ordering process and, at the end, you click on the "Place order" button.

After completing the order for a subscription, you shall receive a subscription key. Once the subscription key has been entered or activated, the rights of use and functionalities in accordance with the subscription plan you ordered shall be available to you. Payment terms are described below in the Payment section.

Subscriptions for nonprofit and educational organizations

We can provide discounted yearly subscriptions for educational organizations and free yearly subscriptions for nonprofit organizations whose recognized legal status is equivalent to IRC 501(c)(3).

We reserve the right to reject a request for a free or discounted subscription without explaining the reasons.

Subscription plans changes

We reserve the right to modify, suspend, or discontinue the subscription plans at any time.

Marketing of Services

As part of the registration process, you may also optionally subscribe to our newsletters. We will only use your email address to send you newsletters and promotional emails with your express consent. You may opt out of receiving our email communications at any time by clicking an unsubscribe link at the bottom of every email or by sending us an email stating your request through the contact information below. This opt-out does not apply to information provided to us as a result of your support requests regarding Services.

Customer support service

We provide support services for you related to Services ("Customer Support Service"). With respect to technical information you provide to us as part of Customer Support Service, we may use such information for our business purposes, including Services improvements and features development.

Use of Services and availability

We reserve the right, in our sole and absolute discretion, to deny access to and/or use of Services by anyone in case of violation of these Terms.

Although we make reasonable efforts to ensure the availability of Services, Services may be unavailable from time to time. You understand and agree that there may be interruptions in the provision of Services and/or in the use and/or access to Services due to circumstances both under our control (such as scheduled maintenance) and beyond our control.

You are solely responsible for ensuring that your access to and/or use of Services comply with all laws, rules, and regulations applicable to you, and the right to access and/or use Services is terminated if your access and/or use of Services are prohibited.

In addition, Services are offered for your use only and not for the use and/or benefit of any third party.

Creating an Account

To register for, access, and/or use Services, you must create an account ("Account"). Your Account requires you to:

• For a personal Account, provide personal information, including first and last name, username, email address;
• For a company Account, provide the administrator's personal information, including first and last name, username, email address, as well as a company Account name and number of users;
• as an option, submit other available form of authentication during the registration process to support the single sign-on feature;
• indicate agreement to these Terms.

You agree not to create an Account and/or use Services if you have previously been removed by us and/or blocked from using Services. You agree that we shall not be liable to you and/or any third party for the suspension and/or termination of your Account and/or any denial of access to and/or use of Services (or any part thereof).

You must provide accurate and complete Account information and keep it up to date.

You must not:

• choose and/or use as a username the name of another person with the intent to impersonate that person
• use as a username a name that is subject to any rights of a person other than you without proper permission
• use a username that is otherwise offensive, vulgar, and/or obscene

You are solely responsible for maintaining the security of your Account, and you are solely responsible for all activities that occur under your Account and for any other actions taken in connection with your Account.

Your Account is non-transferable and may not be sold, merged, and/or otherwise transferred to any other person. If you violate these Terms, we may terminate your Account immediately. You must notify us immediately of any change to your right to use Services, breach of security, and/or unauthorized access to and/or use of your Account. You must never publish and distribute your Account login details. If we terminate your Account, you will not be able to sign up for a new Account unless we formally invite you. You must notify us immediately of any unauthorized use of your Account or any other breach of security.

We shall not be liable for any acts and/or omissions on your part, including, but not limited to, any damages of any kind incurred because of such acts and/or omissions.

Restrictions

Except as expressly specified in Terms, you agree not to, and you will not permit others to:

• modify, make derivative works of, disassemble, decompile and/or reverse engineer any part of Services
• license or sublicense, copy, reproduce or otherwise duplicate, distribute or republish, disclose, time-share, sell or rent or loan, display or post and/or transmit Services in whole or in any part in any form and/or by any means
• use any metatags and/or other "hidden text" using our name and/or trademarks or service marks
• use and/or access Services to create a similar and/or competitive website, product, and/or service
• remove and/or destroy any copyright notices and/or other proprietary notices contained in Services
• intentionally hold us and/or our employees up to ridicule, public scorn, and/or defamation
• promote and/or provide information about illegal activities and/or causing physical harm and/or injury to any group, individual, institution, and/or property
• take any action or omission that imposes or may impose (as determined by us in our sole and absolute discretion) an unreasonable and/or disproportionately large load on our (and/or our third-party providers) infrastructure
• run any form of "spam" on Services or use Services to conduct or forward illegal contests, pyramid schemes, chain letters, unsolicited or unauthorized advertising, or unsolicited email
• use Services for any illegal purpose and/or in violation of any international, state, federal law, code of conduct, and/or other guidelines that may apply to Services provided
• store, distribute, or transmit any malware, viruses, or other harmful material while your use our Service
• provide the functionality of Services to multiple users by any means, including, but not limited to, distributing Services or uploading Services to a network and/or file-sharing service and/or through any hosting, application services provider, and/or any other type of service
• circumvent or disable any security or technology features or measures of Services. You agree to comply with any technical restrictions on Services that only allow you to use Services in certain ways. Any unauthorized use of Services terminates the rights granted by us under Terms

Copyright

All ownership and copyright in Services (including, but not limited to, any images, source codes, files, photographs, distributions, texts included in Services) and accompanying printed materials belong to us. Services are protected by copyright laws and international treaty provisions.

Subscription term

Unless otherwise specified in the order, the subscription has an initial term of twelve (12) months. The subscription runs from the date specified in the order. The subscription can be renewed monthly or annually. To be renewed monthly, the subscription must cover a minimum of twenty (20) users.

Test period, refunds, and cancellation

All paid subscription plans include a test period. You may terminate an annually paid subscription within thirty (30) calendar days from the date of the order. You may terminate a monthly paid subscription within ten (10) calendar days from the date of the order. In such a case, you shall be provided with a refund of any prepaid, unused fees (if any) paid to us.

Once you submit a cancellation request after the end of the test period, no additional fees will be charged. However, in this case, no refund (proportional or otherwise) will be issued upon cancellation.

Billing, renewal, and auto-renewal

Our annual plans provide year-to-year access, with annually charges being made each renewal date (the same date of the year that you originally signed up for the plan).

You can renew your subscription either automatically or manually. If auto-renewal is enabled by default, your subscription will renew at the due date for the same period. The card that you used when placing the original order is debited. A notification and receipt are sent to the billing email address.

You can check your renewal settings, turn off auto-renewal, or manually renew your subscription in your personal Account in Services. If you are a company administrator, you can renew users' subscriptions via the company Account in Services.

Unsuccessful charges and subscription suspension

If for any reason a payment is declined, you must immediately update your billing information as required by our payment provider.

We may, without liability to you, terminate access to all or part of Services if any fees due are not paid within seven (7) days for the annually paid subscription or three (3) days for the monthly paid subscription after such fees are first due and payable in accordance with Terms. In the event of the foregoing, we are not obligated to provide any and/or all of Services until such fees are paid in full. Account that has been suspended may be reactivated if the payment can be successfully processed for all charges accrued to the Account after the unsuccessful charge.

Subscription changes

You can change the number of users covered by the subscription. If you increase the number of users covered by the subscription, the payment will depend on the amount paid previously. If you decrease the number of users covered by the subscription, there will be no refund (proportional or otherwise).

Price changes

We shall be entitled to reasonably increase subscription fee effective as of the end of the initial subscription term or any renewal subscription term.

Responsibility for user content

All information and/or content that is or may be provided to us or entered and/or uploaded through Services is the sole responsibility of the person who provided, entered, or uploaded such content. You represent that you own and/or have the necessary permissions to use and use User Content as described in these Terms.

Accuracy, legality, and respect for intellectual property

You represent and warrant that:

• any information and/or User Content you provide in connection with your access to and/or use of Services is true, accurate, and complete, and you will maintain and update such information regularly
• any information and/or User Content that you provide in connection with your access to and/or use of Services does not infringe any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of public use, and/or other rights
• you will respect intellectual property and all our rights, the rights of other Services users, and the rights of all our third parties

Content provided by others

Services may contain User Content provided by other users. Please carefully choose the information you post on Services through and/or in connection with them. You assume all risks associated with User Content, including any reliance you place on its quality, accuracy, and/or reliability. We are not responsible for and have no control over such User Content. We disclaim any liability for your disclosure of personal or confidential information that you submit through Services to other users. You are responsible for ensuring that users of Services to whom you provide Personal Data or confidential information take appropriate security and confidentiality measures.

Rules for deleting User Content

If your subscription period has expired and you do not use Services for more than twelve (12) months, we may automatically delete all User Content.

However, we may collect aggregated anonymous data based on User Content that cannot identify any person and that is obtained and/or generated because of your use of Services.

Enforcement

We cannot and do not undertake to screen, review, edit, censor, or otherwise filter User Content because by design User Content is encrypted and we cannot decrypt and review it.

We reserve the right (but have no obligation) to investigate and/or take appropriate action against you in our sole discretion if you violate Terms and/or otherwise create liability for us or any other person. Such retained right shall be interpreted as coming under your documented instruction for the processing of Personal Data. Such action may include, without limitation, removing your User Content, terminating your Account, and/or reporting you to law enforcement authorities.

User Content liability

We shall not be liable for any loss, removal, or failure of delivery to the intended recipient of User Content, whether caused by computer virus, unauthorized access, and/or otherwise.

You may retain a backup copy of all User Content and should you do so, you undertake that you shall do so in respect of all uploaded User Content. We reserve the right to deny access to this site and delete User Content at any time without notice.

Third-party service providers

You acknowledge and agree that we use third-party service providers to host and provide Services and store User Content, and such User Content will be protected in accordance with the security, confidentiality, and integrity measures of those third parties. You are responsible for properly setting up and using Services and for taking appropriate steps to protect, maintain secure, and back up any User Content. We are not responsible for any unauthorized access, modification and/or deletion, destruction, damage, loss and/or failure to store any User Content and/or other information that you submit and/or use in connection with Services (including, but not limited to, because of your mistakes, actions, or omissions).

Disclaimer of warranties

Services are provided by us to you on an "AS IS", "AS AVAILABLE" basis, except as expressly set forth in our Terms. We do not make any other warranty of any kind whether express, statutory and/or implied, including, but not limited to, any implied warranties of title, non-infringement, merchantability, and/or fitness for a particular purpose, accuracy, and from course of dealing, usage and/or trade practice, all of which we expressly disclaim.

Without limiting the foregoing, we make NO WARRANTY that:

• Services and/or content will meet your requirements and/or will be constantly available, uninterrupted, timely, secure, and/or error-free
• the results that may be obtained from the use of Services will be effective, accurate, and/or reliable
• we will be liable and/or otherwise responsible for any failure and/or delay in updating Services and/or any content. No advice and/or information, whether oral and/or written, obtained by you from us and/or through your access to and/or use of Services shall create any warranty not expressly stated in Terms

If applicable law requires any warranties with respect to Services, all such warranties are limited in duration to sixty (60) days from the date of first use. No oral or written information or advice given by us and/or our authorized representatives will create a warranty. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Limitation of liability

In no event will we be liable to you or anyone else for:

• any special, incidental, indirect, consequential and/or punitive damages whatsoever, including those resulting from loss of use, data and/or profits, whether foreseeable, regardless of the form of action, whether in contract, tort (including negligence), warranty, strict liability, and/or any other legal or equitable theory, even if we have been advised of the possibility of such damages in advance
• any bugs, viruses, malware, and/or the like (regardless of the source of origination). The foregoing shall apply despite any negligence, misconduct, errors, and/or omissions by our employees.

Because some US states do not allow the exclusion and/or limitation of liability for consequential and/or incidental damages, in such US states, our liability is limited to the maximum extent permitted by law. Our maximum aggregate liability to you for direct damages that you suffer in connection with Services is limited to the amount paid by you to us in connection with Services in the six (6) month period immediately preceding the date of the claim. The limitations of damages set forth above are fundamental elements of the basis of the bargain between us and you.

Indemnification

You agree to indemnify and hold harmless us, our employees, and our contractors from all demands, proceedings, losses, costs, damages, awards, fees, expenses, and/or liabilities of any nature including, without limitation, reasonable attorneys' fees, in connection with or because of your violation of these Terms or any law or regulation.

We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you will assist and cooperate with us in asserting any available remedies. You agree not to resolve any matter without our prior written consent. We will use reasonable efforts to notify you of any such request, action, or proceeding as soon as we become aware of it.

Waiver

You hereby forever discharge and release us, our employees, and our contractors from, and hereby waive and relinquish, each past, present and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, and/or that relates directly or indirectly to:

• Services
• any inaccurate, incomplete, unreliable, illegal, or infringing content posted on Services, whether caused by us or any user of Services, or by any of the equipment or software associated with or utilized in Services
• any injury, loss, or damage caused by another user or User Content posted on Services, whether online or offline
• the conduct of any user, whether online or offline
• any error, omission, interruption, deletion, defect, delay in operation and/or transmission, communications line failure, theft and/or destruction and/or unauthorized access

If you are a California resident, you hereby waive California civil code section 1542 in connection with the foregoing, which states: "a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her, must have materially affected his or her settlement with the debtor".

Applicable law

To the extent international data protection laws apply to the processing of Personal Data between us and you, the default Data Processing Agreement ("DPA") found at https://www.ablebits.com/docs/outlook-shared-templates-dpa/ is incorporated by reference and forms a part of these Terms, unless expressly provided otherwise in writing by both parties.

Entire agreement

Unless otherwise agreed to by us and you in writing, our Terms (including, without limitation, the terms and conditions set forth herein and our operating rules, policies, and/or procedures, as described above) constitutes the entire agreement between us and you concerning the subject matter hereof.

Governing law

These Terms should be interpreted and construed in accordance with the laws of the Republic of Poland (a member state of the European Union) without regard for any conflict of rules laws. All disputes arising out of these Terms should be brought in front of the competent courts of the Republic of Poland.

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Assignment

You may not assign your rights under Terms to any other party without our express prior consent. We may assign our rights under Terms without condition. Terms will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Force majeure

Except for payment obligations, neither we nor you will be liable by reason of any failure or delay in the performance of obligations on account of events beyond the reasonable control of a party, which may include denial-of-service attacks, a failure by a third-party hosting provider or utility provider, shortages, riots, pandemics, fires, acts of God, war, strikes, terrorism, and governmental action.