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End-User License Agreement of AdGuard Temp Mail

16 tháng 1, 2024
IMPORTANT: THESE TERMS OF SERVICE (“TERMS”) IS A LEGAL AGREEMENT BETWEEN YOU (AN INDIVIDUAL) AND ADGUARD SOFTWARE LIMITED (OWNER OF ALL RIGHTS, WHETHER EXCLUSIVE OR OTHERWISE TO THE SOFTWARE). READ IT CAREFULLY BEFORE USING ADGUARD PRODUCTS AND SERVICES. BY USING THE PRODUCTS AND SERVICES, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SERVICE AND AGREEING TO BECOME BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT USE THE SERVICE.
NOTE THAT THESE TERMS REQUIRE THAT YOU AND ADGUARD SOFTWARE LIMITED SUBMIT ANY DISPUTE ARISING OUT OF THE INTERPRETATION OR APPLICATION OF THESE TERMS OR ANY BREACH THEREOF TO ARBITRATION.
Adguard Software Limited  (“Rightholder”, “we”, “us”, “our”) may modify the Terms from time to time without prior notification. The Terms are binding from the time that they are updated on our website. The amendment of Terms may be broadcasted to you by sending an email and/or by publishing the updated Terms on the AdGuard Temp Mail website.

1. General

1.1. Adguard Software Limited provides AdGuard Temp Mail, a temporary email service, at your own risk and responsibility. You are solely and exclusively responsible for the use of AdGuard Temp Mail. Adguard Software Limited shall not be liable for any loss, monetary or non-monetary harm, and this shall not include attorney fees or court costs irrespective of any laws or statutes that prescribe otherwise.
1.2. Adguard Software Limited grants to you a license to use AdGuard Temp Mail. AdGuard Temp Mail is owned and copyrighted by Adguard Software Limited, and is protected worldwide. Adguard Software Limited retain all right, title and interest in and to the AdGuard Temp Mail products and services and any portion thereof, including, without limitation, all copyrights, trademarks, service marks, trade secrets and other intellectual property rights. All rights are reserved unless otherwise noted. Modifying, distributing to unauthorized parties, reverse engineering, or otherwise using AdGuard Temp Mail in any way not expressly authorized by Adguard Software Limited with a written consent is strictly prohibited.
1.3. We may also modify or discontinue our free services and benefits without notice at any time at our sole discretion. Non-gratuitous services may be discontinued at the end of the term of the respective contract.

2. Usage Restrictions

It is prohibited to:
Sell, rent, lease, or export access to AdGuard Temp Mail services to third parties.
Use framing techniques to incorporate the AdGuard Temp Mail website or its parts into other websites or materials.
Employ automated agents, scripts, or other methods to create multiple email boxes, generate automated queries, scrape, strip, or mine data from AdGuard Temp Mail products and services.
Conduct or disclose the results of any benchmark tests or analyses of AdGuard Temp Mail products and services without the written consent of Adguard Software Limited.
Hide, obscure, or in any way alter the visibility of any part of the AdGuard Temp Mail website via HTML/CSS, scripting, or any other means.
It is forbidden to use the provided temporary email addresses for:
Violating user agreements of third parties, including but not limited to mass creation of accounts on third-party services.
Committing or encouraging any illegal or criminal activities, including fraud, distribution of malware, phishing, and other similar activities.
Sending spam, unsolicited messages, or engaging in any activity that can be classified as abuse of email services.
The AdGuard Temp Mail service is designed and developed for non-commercial personal use only and is not intended for business use.

3. Third-Party Content and Security Risks

3.1. AdGuard Temp Mail is solely a service for receiving and viewing emails and is not responsible for the content of the emails received by the user. This includes any liability for illegal content that may be contained in incoming emails. Users are advised to exercise caution and discretion when opening emails, especially from unknown sources.
3.2. AdGuard Temp Mail reserves the right to modify and filter the contents of incoming emails. This process may encompass a range of functions including spam filtering, image proxying, phishing and malware detection, tracking prevention, link wrapping, and others. However, AdGuard Temp Mail does not guarantee the completeness or accuracy of these functions and their effectiveness in every instance. Additionally, AdGuard Temp Mail does not ensure the delivery of all incoming emails. Factors such as filtering algorithms and email source verification may affect email deliverability.
3.3. AdGuard Temp Mail is not liable for any damage that may arise from the use of its service. This includes, but is not limited to, the leakage of passwords or personal data resulting from users clicking on malicious or phishing links in incoming messages or executing attachments from emails. Furthermore, AdGuard Temp Mail disclaims any liability for malevolent activities conducted by third parties through email communications, which may affect users.

4. Retention Limits

AdGuard Temp Mail operates under specific time-based constraints. Email inboxes are subject to automatic deletion after 7 days of inactivity (i.e. since the latest user’s visit). All received emails are accessible as long as the email address remains active. Upon mailbox deletion, associated emails are physically deleted, and no new emails are accepted. Users should be aware of these constraints and understand that long-term availability and data retention are not provided by AdGuard Temp Mail. The service does not bear responsibility for any damage or data loss resulting from these automatic deletion policies.

5. User Data and Privacy Policy

5.1. AdGuard Temp Mail collects and processes very limited user data and has a strong Privacy Policy that explains in detail how Adguard Software Limited handles your personal data in relation to your use of AdGuard Temp Mail and your browsing of the AdGuard Temp Mail website.

6. Warranty Disclaimer

6.1 YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. RIGHTHOLDER AND ITS SUPPLIERS AND PARTNERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS WITH REGARD TO THE PRODUCTS AND SERVICES PROVIDED UNDER THIS EULA, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND QUIET ENJOYMENT. RIGHTHOLDER DOES NOT WARRANT THAT THE SERVICE IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. NO RIGHTS OR REMEDIES REFERRED TO IN ARTICLE 2 or ARTICLE 2A OF THE UNIFORM COMMERCIAL CODE (UCC), AS IMPLEMENTED IN ANY JURISDICTION, WILL BE CONFERRED ON YOU UNLESS EXPRESSLY GRANTED HEREIN. THE SERVICE IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS OR HIGH-RISK ENVIRONMENTS OR USE CASES REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. RIGHTHOLDER SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES.
6.2. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES PROVIDED UNDER THIS EULA, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO SIXTY (60) DAYS FROM THE DATE OF DELIVERY OF SUCH SERVICES.
6.3. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY RIGHTHOLDER OR ITS PARTNERS, OR ITS OR THEIR AGENTS OR EMPLOYEES, SHALL CREATE A REPRESENTATION OR WARRANTY, NOR IN ANY WAY INCREASE THE SCOPE OF ANY EXPRESS REPRESENTATION OR WARRANTY PROVIDED HEREIN.
6.4. RIGHTHOLDER SHALL HAVE NO LIABILITY, AND YOU RELEASE RIGHTHOLDER OF ANY AND ALL LIABILITY, IF THE SERVICE HAS BEEN ALTERED IN ANY WAY, OR FOR ANY FAILURE THAT ARISES OUT OF USE OF THE SERVICE WITH OTHER THAN A RECOMMENDED HARDWARE CONFIGURATION, PLATFORM OR OPERATING SYSTEM.
6.5. RIGHTHOLDER IS NOT RESPONSIBLE FOR ANY THIRD-PARTY SERVICE INSTALLED BY YOU, INTENTIONALLY OR INADVERTENTLY, BY PURCHASING LICENSES OR DOWNLOADING THE SERVICE FROM AN UNAUTHORIZED PARTY THAT IS NOT A RIGHTHOLDER PARTNER.
6.6. YOU ARE RESPONSIBLE FOR ENSURING THAT YOUR PARTICULAR USE OF THE SERVICE DOES NOT VIOLATE APPLICABLE LAW, THIRD-PARTY RIGHTS, OR YOUR CONTRACTUAL OBLIGATIONS TO THIRD PARTIES.

7. Limitation of Liability

7.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER RIGHTHOLDER NOR ITS SUPPLIERS OR PARTNERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE PRODUCTS OR SERVICES PROVIDED UNDER THIS EULA WHETHER BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF RIGHTHOLDER OR ITS SUPPLIERS OR PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
7.2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, RIGHTHOLDER’S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAID TO RIGHTHOLDER FOR ANY PRODUCTS OR SERVICES PROVIDED UNDER THIS EULA.
7.3. THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO ALL ASPECTS OF THIS EULA.

8. Miscellaneous

8.1. Applicable Law, Arbitration, and Choice of Venue. This EULA will be governed by and construed in accordance with the laws of the Republic of Cyprus without reference to conflicts of law rules and principles. This EULA shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Any dispute arising out of the interpretation or application of the terms of this EULA or any breach thereof shall, unless it is settled by direct negotiation, be adjudicated by arbitration in the Republic of Cyprus. Any award rendered by the arbitrator shall be final and binding on the parties and any judgment on such arbitration award may be enforced in any court of competent jurisdiction. Nothing in this Section 6 shall prevent a Party from seeking or obtaining equitable relief from a court of competent jurisdiction, whether before, during or after arbitration proceedings.
8.2. Entire Agreement and Non-waiver. This EULA contains the complete agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. You agree that any varying or additional terms contained in any purchase order or other written notification or document issued by You in relation to the Software licensed hereunder shall be of no effect. The failure or delay of Rightholder to exercise any of its rights under this EULA or upon any breach of this EULA shall not be deemed a waiver of those rights or of the breach.
8.3. Restriction on Amendments. No Rightholder Partner, or agent or employee of a Rightholder Partner, is authorized to make any amendment to this EULA. Any conflict or ambiguity between this EULA and any separate terms or conditions provided by a Rightholder Partner regarding the services shall be resolved in favor of this EULA.
8.4. Severability. If any provision of this EULA shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this EULA will remain in full force and effect.
8.5. No Use Where Prohibited. Use of the services is unauthorized in any jurisdiction that does not give effect to all provisions of this EULA.
8.6. Assignment. You may not assign, by operation of law or otherwise, any rights or delegate any duties under the EULA to any third party without prior written consent by Rightholder. Any purported assignment lacking such consent will be void at its inception. Rightholder may assign all or part of its rights and/or delegate all or part of its duties under the EULA to any party, at any time, and in its sole discretion, upon notice of assignment by publishing such notice on its website.

9. Period for Bringing Actions

No action, regardless of form, arising out of the transactions under this EULA, may be brought by either party hereto more than one (1) year after the cause of action has accrued, except that an action for infringement of intellectual property rights may be brought within the maximum applicable statutory period.

10. Contact Information

Should You have any questions concerning this EULA, or if You desire to contact the Rightholder for any reason, please contact our Customer Support Service:
© 2024 ADGUARD SOFTWARE LIMITED. All Rights Reserved. The Services and any accompanying documentation are copyrighted and protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.