Redkix Terms of Use

Thanks for using RedKix! Our Terms cover your use and access to our services, client software ("App(s)") and websites ("Services") Our Service is a cloud-based Email and messaging service that interfaces with your existing e-mail service (e.g. Exchange, Office 365 Google Apps, etc.) and creates a new experience around e-mail conversations and collaboration. By using our Services you agree to be bound by these Terms of Use, our Acceptable Use Policy and our Privacy Policy (together: "Terms").

From time to time things change and we might need to make changes to our Services without notice. Though we make efforts to make the Services operate smoothly, like in any other service or software we can’t guarantee that we will always be uninterrupted, or immune from errors or bugs. We will do all we can to fix things in those cases but can’t guarantee this is always possible.

Your Account

Your account ("Account") is automatically created when you sign in to our email Services by using the log-in details to your existing email account (i.e. email and password). The best way to keep your account secure is to make sure that no other person uses your Account. Our Services are designed for work. We don’t think you employ anyone under the age of 13, but just in case you were wondering, we decided to limit the use of the service to people 14 and over. So, by using our Services, you are representing that you are over 13 and that you have the legal ability to use our Services.

Your use of our Services

As long as you comply with the Terms, we grant you a personal, nonexclusive, non-transferable, non-sublicensable and fully revocable license (i) to download or use the App for your internal, non-commercial, email use and for no other purpose; and (ii) to access our website.

Intellectual Property

Our Content

Our website and App may include content such as videos, text, files, logos, button icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, "look and feel", algorithms, source and object code, interface, GUI, interactive features, related graphics, illustrations, drawings, animations, and other features (“Content”). The Services (including the Content) and any intellectual property rights related thereto are owned by us or licensed to us. The Terms do not grant you any right or interest in our Services, Content or any intellectual right related thereto. If you decide to share any feedback with us, know that we might actually use it without letting you know. So feel free to share along!

Your Content

Our Services store, synchronize and process data from your existing e-mail account, including emails, attachments, titles and correspondence history (collectively, "Your Content"). We know this data is sacred and we treat it as such. We do not claim ownership of Your Content as it’s yours! However, in order to operate our Services and perform the actions stated above, we need to be able to store Your Content. So, by signing up you are giving us and our subsidiaries permission to take these actions. While we do our best to ensure there is no data loss, we will have no liability for any loss or damage relating to Your Content in the rare case something might happen.
You are responsible for your conduct, Your Content and you must comply with our Acceptable Use Policy.

Third Party Components

Our services may include certain components which are offered under open source licenses. Your use of such components should be in accordance with their open source licenses and not these Terms. We make no representation regarding such open source components. If an open source license requires us to provide the source code of its applicable component, we will provide it to you for a charge of no more than our cost of physically performing source distribution.

Links to Third Parties

Certain links may allow you to enter non-RedKix sites or services. These (including any content therein) are not under our control or responsibility and your use thereof is at your sole risk and expense.

Disclaimers

TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE SERVICES, INCLUDING OUR CONTENT, ARE PROVIDED ON AN “AS IS” BASIS, AND REDKIX, INCLUDING ITS VENDORS, OFFICERS, SHAREHOLDERS, SUB-CONTRACTORS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS (COLLECTIVELY, "REDKIX'S REPRESENTATIVES"), DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU AGREE THAT YOUR USE OF THE SERVICES AND CONTENT IS ENTIRELY AT YOUR OWN RISK. IF SOME JURISDICTIONS DON'T ALLOW THESE DISCLAIMERS, THEY MAY NOT APPLY TO YOU.

Limitations of Liability

TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL REDKIX, INCLUDING REDKIX'S REPRESENTATIVES, BE LIABLE FOR ANY DAMAGES OR LOSSES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, PROFITS OR BUSINESS INTERRUPTIONS) ARISING HEREUNDER, RESULTING FROM OR ARISING OUT OF THE SERVICES, CONTENT OR YOUR CONTENT; REGARDLESS OF WHETHER REDKIX (OR REDKIX'S REPRESENTATIVES) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, REDKIX'S AND REDKIX'S REPRESENTATIVES' TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING UNDER THE TERMS SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO REDKIX FOR USE OF THE SERVICES OR $US1.00, WHICHEVER IS GREATER. IF SOME JURISDICTIONS DON'T ALLOW THESE LIMITATIONS, THEY MAY NOT APPLY TO YOU.

Modifications to the Terms

We may revise the Terms from time to time. In case of any material change that reduces your rights, we will make reasonable efforts to post a clear notice on our website or App, and/or will send you an e-mail (to the extent that you provided us with such e-mail address) regarding such change. Such material changes will take effect seven (7) days after such notice was provided on our website and/or App or sent via e-mail, whichever is the earlier. Your continued use of the website and/or App on or after the Last Revised date will constitute acceptance of those changes. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately without any prior notice.

Termination

You are free to stop using our Services at any time. We also reserve the right to suspend or terminate the Services at any time at our sole discretion and without notice (for example, if you fail to comply with our Acceptable Use Policy). Once your use is terminated (by you or us) your right and license to use our Services terminates and you must delete the App.

Governing Laws

Any claim relating to the Terms and Services are governed by and interpreted in accordance with the laws of the State of California, U.S., without reference to its conflict-of-laws principles. The courts of San Francisco or Santa Clara, California, shall have exclusive jurisdiction over any dispute arising out of or related to the Terms or Services. Notwithstanding, we may seek injunctive relief in any court of competent jurisdiction.

Entire Agreement

These Terms constitute the entire agreement between you and us relating to the subject matter herein and supersede all prior or contemporaneous agreements or understandings.

Waiver, Severability, and Assignment

Redkix's failure to enforce the Terms is not a waiver of its right to do so later. If any provision is found unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein. You may not assign or transfer any right or obligation under these Terms without our prior written consent and any attempt to do so shall be void. We may assign or transfer these Terms without restriction or notification.

Any Questions

These Terms constitute the entire agreement between you and us relating to the subject matter herein and supersede all prior or contemporaneous agreements or understandings.