Terms of Service
These Terms Of Service (“TOsS”) set forth the terms and conditions upon which Gwapit makes available its proprietary email inbox organization and management software-as-a-service offering (“Service”). By signing up for the Service, you are agreeing to be legally bound by these TOS. References in these TOS to “You” or to “Users” are references to you, the person or entity accessing or using the Service. If you are accepting these TOS on behalf of an entity, these TOS will constitute a legally binding agreement between Cloud Shaker SAS, a French corporation located in 5, rue hassard, 75019 Paris, France (“Cloud Shaker”, “Gwapit” or “We” or “Service Provider”) and You, and you represent and warrant that you have the authority to bind such entity to the TOS.
Your use of the Service is expressly conditioned on your continued payment of the subscription fees applicable to the Service as set forth at www.gwapit.com (the “Site”) and your acceptance of and continued compliance with these TOS. This Service is available only to individuals who are at least 18 years old. If you do not so qualify, do not attempt to use the Service. Gwapit may refuse to offer the Service to any person or entity at any time and may change its eligibility criteria, at any time, in its sole discretion.
You acknowledge and agree that Gwapit may revise these TOS at any time by posting an updated version of these TOS on the Site at least thirty (30) days in advance of the effective date of any such revisions. If you do not agree to any revisions to these TOS, you may terminate these TOS by notifying Gwapit in writing prior to such revisions becoming effective and Gwapit will promptly refund any amounts paid for the unused portion of the Service. By continuing to access or use the Service after Gwapit makes any such revisions, you agree to be bound by the revised TOS.
Gwapit is not a spam filter and does not scan for viruses or potentially unsafe messages. The Gwapit algorithms intuit the importance of an email via various mechanisms. None of these mechanisms involves analyzing the body of the email so it is left up to the user to make the final determination about the authenticity and safety of each email. We strongly recommend that users never ever click on a link in an email. All links are suspect and should be dealt with extreme caution. The only safe way to interact with an email is to copy the link into a browser and see that the domain in the link is the domain of the business or person you know.
Gwapit assumes that email is not meant to be a realtime medium of communication. For instance, no one sane would ever send an email to request an ambulance. Gwapit puts emails into the filters you have added or created (“Pools”). Gwapit is not responsible for any consequences related to the delay between the time a user receives their email and the time they read and process it. Gwapit strongly recommend that users check at least once a day the unfiltered emails Pool.
Accuracy and Security
We seek to maintain reasonable security measures in order to attempt to protect against the loss, misuse or unauthorized access of the personally identifying information under our control. Unfortunately, there is no such thing as perfect security. As a result, although we strive to protect personally identifying information, we cannot ensure or warrant the security of any information transmitted through or stored on the Site or the Service (including any computers, servers, storage devices or other computer or telecommunications infrastructure used in providing the Service, whether owned or operated by us or any third party).
We strive to take reasonable measures to protect the confidentiality, security, and integrity of the personal information collected from our website visitors. Any personal information we retain under our control is stored in secure operating environments that are not available to the public and that are only accessible to authorized employees. We also have security measures in place to protect the loss, misuse, and unauthorized access of the information under our control. For example, before we allow account holders to access their personal information, we verify their identity by requesting information such as their Sign-in ID and password. In the event of a security breach, we have procedures in place to protect our users’ data.
Gwapit account holders agree to keep their Sign-in IDs and passwords secret to prevent unauthorized access and use of their accounts. You are responsible for all use of the Service under your account.
We have engaged third party subscription providers to handle all aspects of your financial transactions involved with purchasing the Gwapit products. We do not represent and/or warrant the security or anything else regarding their systems. If you wish to review their security setup you can do that directly on their website.
Use of the Site and Service
You acknowledge and agree that Gwapit may stop (permanently or temporarily) providing the Service (or any folders within the Service) to you at Gwapit’s sole discretion, without prior notice to you, if you breach these TOS. In addition, Gwapit may terminate these TOS and your right to access and use the Service for any reason or no reason by giving thirty (30) days’ prior written notice to you. If we terminate the Service or these TOS for any reason other than your breach of the TOS or of any other contractual obligation to us, we will provide a refund of any amounts paid for the unused portion of the Service. You acknowledge and agree that if Gwapit disables access to your account, you will be prevented from using the Service and you may not be able to access information associated with your Gwapit account. However, any suspension or termination of the Service will not affect your ability to access your email account.
These Terms do not grant you any rights to use the Cloud Shaker trademarks, logos, domain names, or other brand folders. No license to any software is granted hereunder. Other than the right to access and use the Service as expressly provided herein, all rights, title and interests in and to the Service (including all intellectual property rights embodied therein) are retained by Cloud Shaker. Content contained in the Site is subject to applicable copyright laws and may not be used or reproduced in any manner without Cloud Shaker’s prior written permission.
The Site may contain links to other sites on the Internet which are owned and operated by third parties (the “External Sites”). You acknowledge that Gwapit is not responsible for the availability of, or the materials located on or through, any External Sites or the privacy policies or other terms applicable to your use of those sites. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the materials located on such External Sites.
At your discretion, you may provide feedback to Gwapit concerning the functionality and performance of the Service from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”). While we appreciate it when users send us Feedback, please be aware that we may use any feedback, comments, or suggestions you send us or post via social media or other channels without any obligation to you. By suggesting any Feedback, you hereby assign the ownership in all Feedback to Gwapit. In the event ownership in the Feedback cannot be granted to Gwapit, you grant Gwapit at no charge a perpetual, irrevocable, royalty-free, worldwide, transferable right and license, with the right to sublicense, to use, reproduce, disclose, sublicense, distribute, modify, and otherwise exploit such Feedback without restriction.
As a condition of your use of Gwapit’s services, you agree not to:
- Access, tamper with, or use any non-public areas of the Gwapit’s systems or said system’s providers;
- Attempt to probe, scan, or test the vulnerability of the Gwapit’s systems or any related system or network or breach any privacy, security or authentication measures;
- Reverse engineer or attempt to discover the underlying source code or algorithms of the Service;
- Provide access to or utilize the Service under a time-share or service bureau arrangement;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing Gwapit’s systems or providers;
- or Impersonate or misrepresent your affiliation with any person or entity.
- Gwapit will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and security-related issues, to the fullest extent of the law. Gwapit may involve and cooperate with law enforcement authorities in prosecuting users who violate these TOS. You acknowledge that Gwapit has no obligation to monitor your access to or use of the Gwapit’s services, but has the right to do so for the purpose of operating the Service, to ensure your compliance with these TOS, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body.
The site and the Service are provided ‘as is’, without warranty of any kind, either express or implied. Without limiting the foregoing, Gwapit explicitly disclaims all warranties, including any warranties of merchantability, fitness for a particular purpose or non-infringement. Gwapit makes no warranty that the Services will meet your requirements or will be available on an uninterrupted, secure, or error-free basis. Your use of the Services is at your own risk.
You agree to defend, indemnify, and hold harmless Gwapit, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services, or your violation of these TOS.
Limitation of Liability
Gwapit takes no responsibility for the content of its users’ data. To the maximum extent permitted by law, in no event will Gwapit be liable to you or to any third party for any incidental, special, consequential or punitive damages arising out of or in connection with these TOS or from the use or inability to use the Services or any user information sent through, stored by or downloaded from the Services, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not Gwapit has been informed of the possibility of such damage, even if a remedy set forth herein is found to have failed of its essential purpose. You acknowledge and agree that Gwapit will not be responsible for any damages to your computer system or to the computer system of any third party that result from use of the Services.
In no event will Gwapit’s aggregate liability to you or to any third party claiming under or through you for any and all claims arising out of or in connection with the use of the Services exceed the amount actually paid for such Services during the six (6) months preceding the date the circumstances giving rise to such damage first arose. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Gwapit and you.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
In the event that any provision of these TOS is held to be invalid or unenforceable, the remaining provisions of the TOS will remain in full force and effect.
The failure of Gwapit to enforce any right or provision of these TOS will not be deemed a waiver of such right or provision. Any waiver by Gwapit of any provision of these TOS must be in writing, signed by an authorized representative of Gwapit.
Controlling Law and Jurisdiction
These TOS and any action related thereto will be governed by the French laws without regard to its conflict of law provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these TOS will be the courts located in Paris, FRANCE, and you hereby consent to and waive any objection to jurisdiction and venue in such courts.
These TOS are the entire and exclusive agreement between Gwapit and you regarding the Service, and these TOS supersede and replace any prior agreements between TOS and you regarding the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Gwapit services, affiliate services or third-party content software or services.
Gwapit is registered trademark of Cloud Shaker SAS, a French corporation located in 5, rue hassard, 75019 Paris, France.
You Should Have Backups
The User, and not Gwapit, is responsible for maintaining appropriate backups of the email accounts used in connection with the Service.
Software will never be perfect. Neither your email client, nor your desktop computer or mobile device, nor your email server, nor Gwapit will ever be perfect. You have all had glitches from time to time with every computerized service and device you own. That is why you should all have your work backed up. You should have your email backed up. You should have your computer backed up. You should have your mobile device backed up. Gwapit assumes you are doing the common sense thing of doing simple backups for all that stuff.
If you are not happy with our service, we hope you’ll tell us. We will try to fix anything about Gwapit that doesn’t leave you completely thrilled. If we can’t, we will cheerfully refund the amount within 10 days of purchase.
Version dated 7 March 2018