Terms of Service
Last updated: December 31, 2024
1. Acceptance of Terms
By accessing or using CallMail ("the App", "Service"), you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use the App.
2. Description of Service
CallMail is an email notification service that monitors your Gmail inbox for emails from specified senders or containing specified keywords, and places phone calls to alert you when matching emails are received. The service requires:
- A valid Google account with Gmail
- Authorization to access your Gmail in read-only mode
- A valid phone number capable of receiving calls
3. Account and Authorization
Google Account: You must sign in with a valid Google account to use CallMail. You are responsible for maintaining the security of your Google account credentials.
Authorization: By connecting your Google account, you authorize CallMail to access your Gmail inbox in read-only mode to check for new emails. You can revoke this authorization at any time through your Google Account settings.
Accurate Information: You agree to provide accurate and complete information, including a valid phone number for receiving call notifications.
4. Acceptable Use
You agree not to:
- Use the Service for any illegal or unauthorized purpose
- Attempt to gain unauthorized access to any part of the Service
- Use the Service to harass, abuse, or harm others
- Interfere with or disrupt the Service or servers
- Reverse engineer or attempt to extract the source code of the Service
- Use the Service in violation of Google's Terms of Service
- Provide false or misleading information
5. Service Limitations
Availability: We strive to provide reliable service, but we do not guarantee 100% uptime. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.
Call Delivery: Call notifications depend on third-party services (Twilio) and your phone carrier. We cannot guarantee delivery of all calls, especially if your phone is off, in Do Not Disturb mode, or has poor reception.
Email Detection: While we strive for accuracy, we cannot guarantee detection of all emails due to delays in Gmail API, network issues, or other technical factors.
6. Costs and Charges
Service Fees: The basic CallMail service may be free or paid depending on current offerings. Any fees will be clearly communicated before you incur them.
Phone Charges: You may incur charges from your phone carrier for receiving calls. These charges are your responsibility.
Third-Party Costs: Any costs associated with your internet connection, mobile data, or other third-party services are your responsibility.
7. Privacy
Your use of CallMail is also governed by our Privacy Policy, which describes how we collect, use, and protect your information. By using the Service, you consent to the practices described in the Privacy Policy.
8. Intellectual Property
The Service, including its design, features, and content, is owned by CallMail and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works based on the Service without our express permission.
9. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CALLMAIL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING FROM YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE IN THE PAST 12 MONTHS, OR $100, WHICHEVER IS LESS.
11. Indemnification
You agree to indemnify and hold harmless CallMail, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from your use of the Service, your violation of these Terms, or your violation of any rights of another party.
12. Termination
By You: You may stop using the Service at any time by revoking Google account access and deleting the app.
By Us: We reserve the right to suspend or terminate your account and access to the Service immediately, at our sole discretion, with or without cause, and with or without notice. Reasons for termination may include, but are not limited to:
- Violation of these Terms of Service
- Suspected fraudulent, abusive, or illegal activity
- Excessive or inappropriate use of the Service
- Providing false or misleading information
- Breach of third-party terms (including Google's Terms of Service)
- Any conduct we determine to be harmful to the Service, other users, or our business
- Discontinuation or material modification of the Service
Effect of Termination: Upon termination, your right to use the Service will immediately cease. We may delete your account data, though some information may be retained as required by law or for legitimate business purposes. We are not obligated to provide refunds for any unused services.
Monitoring: We reserve the right to monitor user activity and audit logs for abuse detection, security purposes, and service improvement. This monitoring may be conducted at our discretion without prior notice.
13. Changes to Terms
We reserve the right to modify these Terms at any time. Changes will be effective when posted. Your continued use of the Service after changes constitutes acceptance of the new Terms. We encourage you to review these Terms periodically.
14. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to conflict of law principles.
15. Contact Information
If you have any questions about these Terms, please contact us at:
Email: burke@omnisound.xyz