mxHero Inc. (“mxHero”), a Delaware incorporated company
located in San Francisco, CA, provides users with an email enhancement service
(the “Service”) pursuant to the terms and conditions set forth below (the “ToS”).
By accepting these ToS, you enter into a legally binding agreement with mxHero
Inc. (“Agreement”) and agree to respect the ToS and be bound by the Agreement.
Your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of California, as if the Agreement was a contract wholly entered into and wholly performed within the State of California. You agree that any action to enforce this agreement or any matter relating to Your use of the Service must be brought exclusively in the United States District Court for the Northern District of California, or if there is no jurisdiction in such court, then in a state court in San Francisco County, State of California.
DESCRIPTION OF SERVICE
mxHero provides an email enhancement service (the “Service”). Depending on your domain’s configuration, this service can be used to process inbound, outbound and internal emails. Processing includes but is not limited to blocking, deleting, altering emails and their content. The intention is to provide you with a tool that may be useful in enabling security, monitoring, policy and enhancement of your organizations email service.
CHANGES TO ToS
mxHero may from time to time change the ToS and will make any updated or additional terms available to you through the Service. A notice of change to ToS will be posted on the mxHero web site at least 30 days before new ToS will become effective. You agree that your continued use of the Service after the date on which the new ToS has become effective is to be regarded as an acceptance of the new ToS.
TERM AND TERMINATION
The Service is provided as a subscription based service. The initial length of the subscription period is chosen after the Trial Period and represents the term of the Agreement (“Term”). You may terminate the Agreement during the Trial Period, as described in “TRIAL PERIOD, FEE, AND PAYMENT”.
In order to maintain access to the Service, the subscription must be renewed before the expiry of the then-current subscription period, in which case the Term shall be extended accordingly. You may terminate the Agreement by not renewing the subscription to the Service. You shall not be entitled to claim any refund or compensation upon the expiry of the Term.
You may terminate the Agreement and claim refund of the subscription fee for the remainder of the then-current subscription period if mxHero materially breaches its obligations pursuant to this Agreement and fails to remedy such breach within 30 days after you notify mxHero of such material breach.
mxHero may terminate the Agreement with 30 days prior notice. Upon such termination, you may be entitled to a refund corresponding to the then-remaining period of the Term. Whether you are entitled to a refund or not will be stated in the termination notice.
mxHero may terminate the Agreement without prior notice if you breach the provisions of this Agreement. You shall not be entitled to claim any refund or compensation if mxHero terminates the Agreement as a result of your breach of the terms of the Agreement. Additionally, mxHero is entitled to claim compensation for any damages as a result of your breach of the provisions of the Agreement.
Upon termination of the Agreement or upon non-renewal of the subscription your access to the Service will be closed and all stored data will be subject to deletion.
TRIAL PERIOD, FEE, AND PAYMENT
The first 30 days of Term represent a Trial Period. You may use the Service during the Trial Period to determine whether it suits your needs. Prior to expiry of the Trial Period, you shall pay for the Service in order to maintain access to your account. If no payment for the Service is received prior to the expiration of the Trial Period, mxHero may close your access to the Service and the Agreement shall terminate upon such closure of access to your account.
The subscription fee for the Service is provided on the Microsoft Azure web site. mxHero may at any time modify the subscription fees by updating the price plans on the Microsoft Azure web site. The modified fees shall apply to you upon your renewal of the subscription to the Service.
DELETION OF EMAIL; TERMINATION OF SERVICE
mxHero assumes no responsibility for the deletion of or failure to store, deliver, or deliver in a timely manner email messages. In addition, if you transfer your domain name record to a third party, you may no longer be able to use the Service. If your Service is terminated or cancelled, any emails or other content in your account may be permanently deleted. mxHero will not refund fees, if any, you have paid for the Service, any email-dependent services, upgrades or enhancements thereto, if you elect to terminate your Service.
You agree not to resell the Service, without the prior express written consent of mxHero