Mobile Application End User License Agreement

 

This Mobile Application End User License Agreement (“Agreement“) is a binding agreement between you (“End User” or “Business Client” or “Business Customer” or “you“) and Digital Mailbox, Inc.., dba Zipinmail  (“Company“). This Agreement governs your use of the Zipinmail Application, (including all related documentation, “Zipinmail” or the “Application“). The Application is licensed, not sold, to you.

BY CLICKING THE “AGREE”, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE APPLICATION AND DELETE IT FROM YOUR MOBILE DEVICE.

1. Mobile Application License and App Store Terms

1a. Limited Mobile Application License.

Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to download, install and use the Application on a mobile device that you own or control solely for your personal use or authorized business use and in accordance with these Terms.

1b. Mobile Device and Account Security.

You are responsible for maintaining compatible devices, operating systems, internet or wireless access, security controls and any carrier or data charges required to use the Application. You are responsible for safeguarding access to your device, Account credentials, passcodes and biometric authentication used with the Application and for promptly notifying the Company of suspected unauthorized access.

1c. Device Permissions and Notifications.

Depending on the features you elect to use, the Application may request access to device features or information, including notifications, camera, photo library, files, contacts, biometric authentication, location or other device functionality. You may control certain permissions through your device settings. Disabling permissions may limit Application functionality. Push notifications, email and SMS notifications may be used in connection with Zmail, Account security, Digital Checks, transaction activity, customer communications and other services, subject to applicable law and your notification preferences.

1d. Application Updates.

The Company may develop and provide updates, upgrades, bug fixes, patches, enhancements, new features or other modifications to the Application. Certain updates may be required for continued use of the Application or particular services. The Company does not guarantee that older versions of the Application will remain supported.

1e. Third-Party Application Stores.

If you download the Application through the Apple App Store, Google Play or another third-party application marketplace, your use may also be subject to that marketplace’s terms and policies. These Terms are between you and the Company, not the applicable app-store provider. To the extent required by applicable app-store terms, the app-store provider has no responsibility for maintenance or support of the Application, and the Company, not the app-store provider, is responsible for addressing claims relating to the Application, subject to these Terms and applicable law.

1f. Apple-Specific Terms.

If you obtained the Application through Apple’s App Store, the license granted to you is limited to a non-transferable license to use the Application on Apple-branded products that you own or control and as permitted by applicable Apple terms, including applicable Family Sharing or volume purchasing rules. Apple and its subsidiaries are intended third-party beneficiaries of this subsection and, upon your acceptance of these Terms, may enforce this subsection against you to the extent permitted by law.

2. Acceptance of the Terms of Use

These terms of use are entered into by and between You and Digital Mailbox Inc., dba Zipinmail (“Company,” “we,” or “us“).

The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use“), govern your access to and use of the Zipinmail mobile application, including any content, functionality, and services offered on or through the Zipinmail mobile application (the “Application“), whether as a guest or a registered user, which includes but is not limited to the Zipinmail application (“Application”).

Please read the Terms of Use carefully before you start to use the Application. By using the Application or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at [ PRIVACY POLICY MOBILE URL ], incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Application.

This Application is offered and available to users who are 13 years of age or older and reside in the United States or its territories or possessions. Users must be eligible to form a binding contract with the Company and meet the foregoing eligibility requirements.

3. Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. Changes are effective when posted and apply to access and use thereafter, except that changes to dispute-resolution provisions will not apply to disputes for which the parties had actual notice before the change was posted.

Your continued use of the Application following posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently.

4. Account

You must register for an Account to use the Application. Certain features may be available only in the United States, and certain features, including sending and receiving Regular or Certified Zmail and Digital Checks, may require identity and/or address verification.

To register, open, use, or upgrade an Account, the Company may require information including name, email address, text-enabled mobile phone number, street address, zip code, date of birth, social security number, government-issued identification, and address-verification documentation.

You represent and warrant that you own the email address or mobile phone number you register and that Account Information is true and accurate, and you agree to keep it current.

You authorize the Company, directly or through third parties, to make inquiries reasonably considered necessary to validate identity, residence or business address, Account Information, and, where applicable, company or employer information.

This may include requesting further information or documentation, confirming ownership of email, mobile number, mailing address or financial instruments, or verifying information against third-party databases or other sources.

In connection with use of the Application, you must cooperate with investigations concerning potentially unlawful or Agreement-violating activity and provide requested confirmation of identity, mailing address, and information supplied.

If requested information is not provided, or identity and mailing address cannot be verified to the Company’s satisfaction, an Account may not be established. The Company may change account type or suspend or terminate Accounts containing inaccurate, untrue, or incomplete information.

The first time you access your Account using a new device, additional authentication may be required. If the Account cannot be verified, you may be required to establish a new Account.

5. Account Balance

5a. Balance; Add Funds.

Your balance consists of funds in your Account available for new transactions and not subject to pending transactions (“Account Balance”). You are responsible for funds necessary to complete transactions initiated through the Application.

When you instruct the Application to add funds to your Account Balance from a linked Payment Method, you authorize the Company to debit the linked Payment Method for the instructed amount, in a single or recurring transaction as applicable. You may cancel this authorization by unlinking the Payment Method.

“Payment Method” means a current, valid, accepted method of payment, as updated from time to time, and may include payment through an account with a third party.

The Company may require a minimum deposit when adding funds to an Account Balance, and the minimum may vary.

5b. You may use your Account Balance to:

Pay for transactions within the Application, including Regular or Certified Zmail Transmission Fees, Digital Check Processing Fees, Campaign Management & Processing Fees, and Coupon Publication Fees.

Pay for your Zipinmail Subscription Plans.

Pay for additional mailboxes, storage, or other products or services offered within the Zipinmail platform.

5c. Transfer.

You may electronically transfer funds from or to your Account Balance to or from an eligible bank account (“Cash In or Out”). By selecting an eligible bank account as your deposit source, you request settlement of an electronic transfer. ACH transfers typically debit or credit the bank account or Account Balance within three business days and may not be cancelable after initiation.

5d. Limitations.

The Company may limit the number or amount of Cash Outs and may delay or further limit transfers to protect against reversals, chargebacks, claims, fees, fines, penalties, and other liability. During an investigation, the Company may hold funds, defer or redirect payout, or restrict access as necessary to protect parties or comply with law, subpoena, court order, or governmental request.

You remain liable for obligations related to your Account after closure. If funds are held in an Account Balance, such funds will be held separately from corporate funds, may be pooled with other customer funds in one or more bank accounts in the Company’s name, and will not be voluntarily made available to Company creditors in bankruptcy.

The Company may receive interest from such pooled funds, but users may not receive interest or other monies derived from pooled funds, and that users assign to the Company rights they may have in interest accruing on pooled funds.

6. Subscription

Certain Application services and features require a subscription. A Zipinmail subscription continues and automatically renews until terminated. Internet access and one or more Payment Methods are required. You must cancel before renewal to avoid billing for the next billing cycle.

The Company may offer multiple subscription plans and paid services with differing conditions and limitations disclosed at sign-up or in other communications.

6a. Billing Cycle.

Subscription fees and other charges, including taxes and possible transaction fees, will be charged to the Payment Method on the payment date indicated on the Account page. Billing-cycle length depends on the subscription selected. Subscription fees are fully earned upon payment. Payment dates may change in certain circumstances.

6b. Payment Methods.

To use subscriptions, add funds to an Account Balance, or use paid services, you must provide one or more Payment Methods. You authorize charges to associated Payment Methods if the primary method is declined or unavailable. Transaction and service fees are due before services are rendered or transactions processed. You remain responsible for uncollected amounts.

6c. Updating your Payment Methods.

You can update Payment Methods through the Account page. The Company may also update Payment Methods using information provided by payment service providers. Following an update, you authorize continued charges to applicable Payment Methods.

6d. Cancellation.

You may cancel a Zipinmail subscription at any time and continue to have access through the end of the billing period. Cancellation instructions are available on the Account page. Third-party subscriptions may need to be cancelled through the applicable third party.

6e. Changes to the Price and Subscription Plans.

The Company reserves the right to change subscription plans or adjust pricing for services or components at any time in its discretion. Except as otherwise expressly provided, changes take effect following notice.

6f. No Refunds.

Payments are nonrefundable and there are no refunds or credits for partially used subscription periods. Following cancellation, access continues through the end of the current billing period.

7. Virtual Mailbox, Zmail and Digital Check Services

7a. Virtual Mailbox and Zmail Services.

The Company may provide businesses and other organizations (“Business Clients or Business Customers”) access to its Virtual Mailbox platform and related services, including Regular Zmail, Certified Zmail, two-way customer communications, Digital Checks and other related features that the Company may make available from time to time (collectively, the “Virtual Mailbox Services”). The Virtual Mailbox Services are intended to provide a secure, address-based digital communication network between a Business Client and its customers, members, clients, account holders, donors, employees or other persons or entities with whom the Business Customer has an existing relationship (collectively, “Customers”).

7b. Business Client Files and Customer Relationship.

A Business Client may upload, import, transmit, synchronize or otherwise provide the Company with information concerning its Customers (“Customer Information”) for purposes of providing the Virtual Mailbox Services. Customer Information may include a Customer’s name, physical mailing address, email address, mobile telephone number, customer or account identifier and other information reasonably necessary to identify, authenticate, invite, communicate with or provide services to the Customer.

The Business Client represents and warrants that it has a legitimate relationship with each Customer whose Customer Information it provides to the Company and that it has the legal right and authority to provide such Customer Information. Business Clients agree to send Regular Zmail and/or Certified Zmail only to their Customers and not to purchased, rented, scraped or otherwise acquired third-party lists, except where expressly permitted by the Company and applicable law. The Business Client is responsible for the accuracy and lawfulness of Customer Information and for compliance with applicable laws, regulations, contractual obligations and industry requirements.

7c. Customer Authorization and Virtual Mailbox Enrollment.

Certain Virtual Mailbox Services may require a Customer to register, authenticate identity, verify a physical mailing address, accept applicable terms, or otherwise authorize or enroll in the Virtual Mailbox. The Company may establish or modify verification, enrollment, authentication and security procedures and may refuse, suspend or restrict delivery or access when information cannot be verified, authorization is absent, or activity is reasonably believed fraudulent, unauthorized, unlawful or inconsistent with these Terms.

7d. Regular Zmail.

Regular Zmail enables Business Clients to electronically transmit communications and documents through the Virtual Mailbox platform to Customers associated with a verified physical mailing address. While digital signatures and electronic document delivery are legally accepted methods of communication in all 50 states when certain conditions are met, the Business Client remains responsible for determining whether Regular Zmail is appropriate for a particular communication and satisfies applicable contractual, statutory, regulatory or other requirements for their specific use cases.

7e. Certified Zmail.

Certified Zmail may provide electronic records associated with transmission and receipt, including proof or confirmation of delivery, date and time information, read receipt, electronic signature, transaction identification information, IP address information and/or other audit-trail information. Such records document activity occurring within or in connection with the Zipinmail platform. While digital signatures and electronic document delivery are legally accepted methods of communication in all 50 states when certain conditions are met, their legal effect may depend on the transaction, applicable law, contractual requirements, and requirements of regulators, courts or other third parties and the specific use cases. Unless expressly agreed in writing, the Company does not warrant that Regular Zmail or Certified Zmail satisfies every legal, regulatory, contractual, governmental or industry-specific delivery, notice, signature, record-retention or other requirements for their specific use cases.

7f. Two-Way Customer Communications.

Where enabled, Customers may respond to communications received through the Virtual Mailbox. Business Customers are responsible for monitoring and responding to communications and configuring routing to their personnel, departments or systems. The Company is not responsible for a Business Customer’s failure to review, route, respond to or act upon a Customer communication.

7g. Digital Checks.

The Company may enable eligible Business Clients’ and their Customers to initiate, send, receive, deposit, schedule or otherwise process Digital Checks or related electronic payment transactions through the Virtual Mailbox platform (“Digital Check Services”). While a Digital Check may look like a paper check, the receiver can not print and deposit the Digital Check at an ATM or in person at a bank. The receiver can not scan or take a picture of the Digital Check to deposit via Mobile App. The Digital Check is processed as an ACH transaction using a token system by debiting the sender’s bank account and crediting the receiver’s bank account instantly and electronically. The timing of when the funds are debited or credited may be based on the type of subscription. Once the Digital Check is submitted for processing, it can not be reversed, voided, returned, cancelled, stopped, withdrawn or refunded.

7h. Authorization for Digital Check Transactions.

A Business Customer agrees to send Digital Checks only to, or receive Digital Checks only from, its Customers in connection with legitimate transactions. Users may not process unauthorized transactions, act for undisclosed third parties, engage in money transmission or payment processing for unrelated third parties, or conduct transactions prohibited by law or restricted by these Terms, our payment-processing partners or applicable banking-network rules. By initiating or authorizing a Digital Check or related electronic payment transaction, the sender represents and warrants that the transaction is authorized, submitted information is accurate, and sufficient funds are or will be available. ACH or other network transactions may be subject to rules, procedures, limitations, return requirements and other requirements of financial institutions, processors, network operators and applicable law. The Company may use banks, ACH processors, payment processors, identity-verification providers and other third-party service providers to validate, authenticate and verify the information provided, and process the Digital Check Transactions. Transactions may be delayed, declined, returned, reversed, suspended or subject to additional verification requirements.

7i. No Bank or Deposit Account.

Unless expressly stated otherwise in writing, the Company is a technology services provider and is not a bank or a payment or merchant processor. The Company does not receive cash or funds from the sender or send cash or funds to a receiver. Digital Check Services may be facilitated through third-party financial institutions or payment-processing providers. The third-party financial institutions or payment-processors shall be responsible for processing the Digital Check transaction by debiting the Sender’s Bank Account and Crediting the Receiver’s Bank Account. The completion of fund transfers, and the availability and timing of funds in the bank accounts of the sender & receiver may depend on third parties outside the Company’s control, and the type of subscription.

7j. Fraud, Unauthorized Transactions and Prohibited Activity.

Users shall not use the Virtual Mailbox Services or Digital Check Services for fraudulent, deceptive, unlawful or unauthorized purposes. The Company may delay, decline, suspend, investigate, restrict or cancel communications, Digital Check transactions or Accounts when it reasonably suspects fraud, unauthorized activity, violation of these Terms or law, or activity exposing the Company or others to liability or loss. Users agree to cooperate with reasonable verification, fraud-prevention, compliance, dispute, return, reversal and investigation requests.

7k. Protection and Use of Business Customer Information.

As between the Company and a Business Customer, the Business Customer retains its rights in Customer Information it provides. The Company will use Customer Information for providing, operating, securing, supporting and improving requested services, identity or address verification, authorized communications and transactions, fraud prevention, legal compliance, and as otherwise described in the Privacy Policy.

The Company will not sell or rent a Business Client’s Customer Information to third parties or provide it to unrelated third parties for their independent marketing or solicitation purposes. The Company will not use a Business Client’s proprietary Customer list to solicit those Customers on behalf of another Business Client.

The Company may disclose Customer Information to employees, affiliates, contractors, hosting providers, identity-verification providers, communications providers, financial institutions, payment processors, ACH processors and other service providers solely as reasonably necessary to provide, secure or support services, process authorized transactions, prevent fraud, comply with law or enforce these Terms, and may disclose information when required by valid legal process.

The Company shall provide services to the Business Client per terms of this agreement. The business relationship is between the Company and the Business Client. The Company may use payment processors, banks and other third party service providers to provide the services as described herein.

7l. Customer Data Security.

The Company will maintain commercially reasonable administrative, technical and organizational safeguards designed to protect Customer Information under its control against unauthorized access, use, alteration or disclosure. No electronic transmission, storage system or security technology can be guaranteed completely secure. Business Customers are responsible for security over their Accounts, credentials, systems and personnel and for promptly reporting suspected unauthorized access or use.

7m. Electronic Communications and Records.

By using the Virtual Mailbox Services, users consent to receive records, notices, disclosures and communications electronically to the extent permitted by applicable law and subject to additional consent requirements applicable to a particular communication or transaction. While digital checks, digital signature and electronic document delivery are legally accepted in all 50 states, Business Clients and Customers remain responsible for determining whether law requires additional consent, paper delivery, alternative delivery, specific disclosures, retention periods, withdrawal procedures or other requirements for their specific use cases.

7n. Service Availability and Third-Party Services.

Certain Virtual Mailbox and Digital Check functionality depends on third-party providers, telecommunications providers, financial institutions, payment processors, payment networks, cloud providers and other systems outside the Company’s control. The Company does not guarantee uninterrupted availability, transmission, delivery, processing or settlement dependent upon such third parties.

7o. Changes to Virtual Mailbox and Digital Check Services.

The Company may add, modify, restrict, suspend or discontinue features of the Virtual Mailbox Services or Digital Check Services from time to time, including transaction limits, eligibility requirements, verification procedures, security controls and supported payment methods, subject to applicable law and express contractual commitments.

8. SMS Terms and Conditions

Zipinmail may offer the option to our business customers to engage in conversations with you. Message frequency may vary. Message and data rates may apply. Text HELP to 424-744-0504 for help. You or your customers can reply STOP in those messages to cancel. Zipinmail or the Carriers we use are not liable for any delays or undelivered messages.

8a. Campaigns & Coupon Publications per CANSPAM & TCPA Regulations.

Business Customers may utilize Consumer Opt-In data with user consent to reach their audience using our platform. We do not share or sell consumer information to you or third parties. Business Customers may use our platform to deliver messages to registered users and opt-in consumers with user consent.

Business Customers may send promotional electronic communications to opt-in consumers with user consent, consistent with consumer preferences and applicable law. Marketing recipients may opt out through the Unsubscribe link or by emailing Support@Zipinmail.com.

We identify sender information in electronic communications and may use backend processes to reject prohibited content. We may block campaigns and suspend or delete accounts for prohibited activity.

You are responsible for understanding and complying with applicable federal, state and local laws, including TCPA, CAN-SPAM, the Junk Fax Protection Act, FCC rules and A2P 10DLC requirements. You agree to indemnify and hold Digital Mailbox, Inc., dba Zipinmail and its divisions and affiliates harmless against claims based on failure to comply.

Zipinmail is not liable for claims by end users, consumers, businesses, carriers or regulatory agencies for non-compliance, violations, lost profits, consequential, incidental or special damages resulting from campaigns. If this provision fails for its essential purpose, liability is limited to amounts received by Zipinmail for the applicable subscription and/or products or services.

8b. Domain Connection & Registration

Messages delivered within the Zipinmail platform may be encrypted and various cloud security protocols may be used to protect data. We may use third-party cloud Infrastructure and other third-party services to deliver messages via Email, SMS, MMS, WhatsApp and other message delivery platforms.

We may connect a business client’s domain to our cloud infrastructure and third party service providers. If a client is unable or unwilling to connect its domain, Zipinmail-registered domains may be used. Verification checks may remove bad emails, cell numbers and hard bounces. Excessive bounces or spam reports may adversely affect a domain.

Businesses delivering text messages are required to register under A2P 10DLC requirements and provide required business information and user-consent mechanisms. We may create a separate phone number for text delivery.

Clients are responsible for adverse impact to their domain or business reputation and for compliance with applicable rules, regulations and laws. Clients agree to indemnify Digital Mailbox, Inc., dba Zipinmail and its officers, shareholders, employees, divisions and affiliates. Zipinmail liability is limited as stated above.

9. User Rewards

9a. User Rewards Generally.

The Application may make available offers in conjunction with third parties. When an Offer is redeemed, Rewards may accumulate in a Zipinmail rewards account. Offers may be subject to Additional Terms and discontinued without notice. The Company may determine eligibility, redemption, whether Rewards were earned, and adjust Rewards totals. Prior to distribution, Rewards have no monetary value except as expressly made available.

9b. Rewards Redemptions and Minimum Rewards Level.

Once the Minimum Distribution Amount displayed by Zipinmail is accumulated, users may elect available distribution options. Options and minimums may change. Rewards below the applicable minimum cannot be redeemed. The Company may limit distributions. Upon account closure or termination, undistributed Rewards are subject to these Terms, including potential forfeiture.

9c. Rewards Cash-out.

Customers may be provided options for cashing-out their Rewards in excess of minimum rewards level. Rewards that are cashed out shall be paid via Digital Checks to the Customer.

9d. Bonuses.

The Company may introduce bonuses or incentives, including referral bonuses. Bonuses may be credited to Account Balance for subscription, transmission fees or other platform products or services but may not be encashed or combined with Rewards for Cash Out. Abuse may result in termination, rescission, reversal, repayment demands or other remedial action.

9e. Taxes.

Rewards distributions may be taxable. Users are responsible for tax liability and requested tax information. The Company may offset tax liability it incurs as a result of a user’s action or inaction from Rewards.

9f. Escheatment.

Property presumed abandoned may escheat to the applicable state after the statutory period. Amounts remaining in a Zipinmail account may be reported and remitted as unclaimed property. The Company shall have no liability for funds escheated by operation of law.

10. Accessing the Application and Account Security

We reserve the right to withdraw or amend the Application and any service or material provided on it, in our sole discretion without notice. We will not be liable if all or part of the Application is unavailable. We may restrict access to portions of the Application or the entire Application.

You are responsible for arranging access to the Application and for compliance with these Terms by persons using your internet connection.

Registration details and other information supplied to the Application must be correct, current and complete. Information supplied through registration or interactive features is governed by our Privacy Policy.

User names, passwords and other security information must be treated as confidential. You must not provide another person with access using your credentials and must promptly report unauthorized access or security breaches. The Company may disable credentials if it believes these Terms have been violated.

11. Intellectual Property Rights

The Application and its contents, features and functionality, including information, software, text, displays, images, video, audio, design, selection and arrangement, are owned by the Company, its licensors or other providers and are protected by intellectual property laws.

These Terms permit personal, non-commercial use only, subject to limited temporary storage, browser caching, reasonable printing or downloading, permitted application downloads, and enabled social-media features.

You must not modify site materials, separate graphics from accompanying text, remove proprietary notices, or use the Application or its services or materials for unauthorized commercial purposes. Breach terminates the right to use the Application and may require return or destruction of copies. No ownership rights are transferred.

12. Trademarks

Company names, logos, product and service names, designs and slogans are protected marks of the Company or applicable owners. They may not be used without required permission.

13. Prohibited Uses

You may use the Application only for lawful purposes and in accordance with these Terms. You may not violate applicable law, harm minors, send unauthorized advertising or spam, impersonate others, or engage in conduct that restricts use of the Application, harms the Company or users, or exposes them to liability.

You may not disable, overburden, damage or impair the Application; use unauthorized robots, spiders, automatic or manual processes to monitor or copy materials; interfere with proper operation; introduce malicious code; gain unauthorized access to systems or databases; conduct denial-of-service attacks; or otherwise interfere with proper operation.

14. User Contributions

Interactive Services may allow users to post, submit, publish, display or transmit content or materials using a domain, business name or phone number (“User Contributions”). User Contributions must comply with the Content Standards.

User Contributions posted to the site are considered non-confidential and non-proprietary. By providing them, you grant the Company, its affiliates, service providers, licensees, successors and assigns rights to use, reproduce, modify, perform, display, distribute and disclose such materials.

You represent that you own or control the necessary rights and that User Contributions comply with these Terms. You are responsible for their legality, reliability, accuracy and appropriateness. The Company is not responsible to third parties for their content or accuracy.

15. Monitoring and Enforcement; Termination

The Company may remove or refuse User Contributions, take action regarding content that violates these Terms or rights of others, disclose identity or information when claims allege rights violations, refer illegal or unauthorized activity to law enforcement, and terminate or suspend access for violations or other reasons permitted by these Terms.

The Company may cooperate with law-enforcement authorities and court orders. Users waive and hold harmless the Company and its affiliates, licensees and service providers from claims resulting from actions taken during or as a consequence of investigations by such parties or law enforcement.

The Company does not undertake to review all material before it is posted or sent and cannot ensure prompt removal. It assumes no liability for action or inaction regarding transmissions, communications or content provided by users or third parties.

16. Content Standards

User Contributions and Interactive Services must comply with applicable laws and regulations. Content must not be defamatory, obscene, abusive, hateful, violent, discriminatory, deceptive, unlawful, infringing, privacy-violating, impersonating, or otherwise objectionable as described in the published Terms.

Content must not promote illegal activity, cause needless annoyance or anxiety, misrepresent identity or affiliation, improperly involve commercial activities or advertising, or falsely imply Company endorsement.

17. Reliance on Information Posted

Information presented on or through the Application is for general information only. The Company does not warrant its accuracy, completeness or usefulness. Reliance is at your own risk.

Third-party content, statements and opinions are the responsibility of their providers and do not necessarily reflect the Company’s opinion. The Company is not responsible for the content or accuracy of third-party materials.

18. Changes to the Application

We may update Application content from time to time, but content is not necessarily complete or up to date. Material may be out of date and we are under no obligation to update it.

18a. Information About You and Your Visits to the Application

Information collected on the Application is subject to our Privacy Policy. By using the Application, you consent to actions taken with respect to your information in compliance with that Privacy Policy.

18b. Linking to the Application and Social Media Features

You may link to our homepage in a fair and legal manner that does not damage our reputation or imply unauthorized association, approval or endorsement. Social-media features may permit linking, communications containing content or links, or limited display of Application content.

You may use such features only as provided and subject to additional terms. You may not establish links from sites you do not own, frame or deep-link the Application, link to parts other than the homepage where prohibited, or act inconsistently with these Terms. We may withdraw linking permission or disable social-media features and links.

18c. Links from the Application

Third-party links and resources are provided for convenience only. The Company has no control over them and accepts no responsibility for their content or losses arising from their use. Access is at your own risk and subject to third-party terms.

19. Geographic Restrictions

The Application owner is based in the United States and provides the Application for use by persons located in the United States. We make no claims that the Application or its content is accessible or appropriate outside the United States. Users accessing from outside the United States do so on their own initiative and are responsible for local-law compliance.

20. Disclaimer of Warranties

The Company cannot guarantee that files available from the internet or Application will be free of viruses or destructive code. Users are responsible for anti-virus protection, data-input and output accuracy, and external means for reconstruction of lost data.

With respect to marketing messages delivered through electronic channels on a client’s behalf, the client is responsible for adverse impact to its domain or business reputation and for legal actions arising from Spam, Phishing, Spoofing or regulatory violations.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY WILL NOT BE LIABLE FOR LOSS OR DAMAGE CAUSED BY DISTRIBUTED DENIAL-OF-SERVICE ATTACKS, VIRUSES OR OTHER HARMFUL MATERIAL ARISING FROM USE OF THE WEBSITE, SERVICES, ITEMS, DOWNLOADS OR LINKED WEBSITES.

THE WEBSITE, CONTENT, SERVICES AND ITEMS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. THE COMPANY DOES NOT WARRANT COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, AVAILABILITY, ERROR-FREE OR UNINTERRUPTED OPERATION, CORRECTION OF DEFECTS, ABSENCE OF HARMFUL COMPONENTS, OR THAT SERVICES WILL MEET USER NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY DISCLAIMS WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR PARTICULAR PURPOSE AND OTHER WARRANTIES, EXCEPT WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED BY LAW.

21. Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS WILL NOT BE LIABLE FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OR INABILITY TO USE THE WEBSITE, LINKED WEBSITES, USER DATA OR CONTENT, OPT-IN CONSUMER DATA, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF REVENUE OR PROFITS, BUSINESS, SAVINGS, USE, GOODWILL OR DATA, WHETHER ARISING IN TORT, CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THIS DOES NOT AFFECT LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW.

ZIPINMAIL IS NOT LIABLE FOR ANY CLAIMS BY BUSINESS CLIENTS OR THEIR CUSTOMERS, PROSPECTS, END USERS, CONSUMERS, CARRIERS OR REGULATORY AGENCIES FOR NON-COMPLIANCE, VIOLATIONS, LOST PROFITS, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES RESULTING FROM VIRTUAL MAILBOX SERVICES, DIGITAL CHECK SERVICES, SMS, MMS OR EMAIL CAMPAIGN SERVICES, COUPON PUBLICATIONS OR ANY OTHER SERVICES OFFERED WITHIN THIS PLATFORM. IF THIS PROVISION FAILS FOR ITS ESSENTIAL PURPOSE, THE COMPANY’S LIABILITY IS LIMITED TO THE AMOUNTS RECEIVED BY THE COMPANY FOR THE APPLICABLE SUBSCRIPTION, PRODUCTS OR SERVICES.

22. Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and their officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, from claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees, including reasonable attorneys’ fees, arising out of your violation of these Terms or use of the Application, including User Contributions, unauthorized use of Application content, services and products, or use of information obtained from the Application.

23. Governing Law and Jurisdiction

All matters relating to the Application and these Terms, including non-contractual disputes or claims, shall be governed by the internal laws of the State of California without giving effect to choice or conflict-of-law rules.

Legal suits, actions or proceedings arising from these Terms or the Application shall be instituted exclusively in federal or state courts located in the City and County of Los Angeles, California, subject to the Company’s right to bring proceedings against a user in the user’s country of residence or other relevant country. Users waive objections to jurisdiction and venue.

24. Arbitration

At the Company’s sole discretion, it may require disputes arising from these Terms or use of the Application, including interpretation, violation, invalidity, non-performance or termination, to be submitted to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.

25. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED.

26. Waiver and Severability

No waiver by the Company of a term or condition shall be deemed a further or continuing waiver of that term or any other term, and failure to assert a right or provision shall not constitute a waiver.

If a provision is held invalid, illegal or unenforceable by a court or tribunal of competent jurisdiction, it shall be eliminated or limited to the minimum extent necessary so the remaining provisions continue in full force and effect.

27. Entire Agreement

The Terms of Use and documents explicitly referenced herein constitute the sole and entire agreement between you and Digital Mailbox Inc. regarding the Application and supersede prior and contemporaneous understandings, agreements, representations and warranties, written and oral, regarding the Application.

28. Your Comments and Concerns

This mobile application is operated by Digital Mailbox Inc.

All feedback, comments, requests for technical support, and other communications relating to the Application should be directed to: Support@Zipinmail.com