Who-Mail is unfinished software that you are pointing at your real email account. It will move, archive, delete and send mail on your behalf. Read section 4 even if you read nothing else.
These Terms of Use ("Terms") are a binding agreement between you and Who-Mail ("Who-Mail", "we", "us") covering the Who-Mail private beta program, the who-mail.com website, and the Who-Mail application (together, the "Service"). By requesting beta access, checking the acceptance box, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
The Service is pre-release, experimental software provided free of charge for evaluation and feedback. It is not a finished product and is not held to the standards of one. Without limiting anything else in these Terms, you specifically acknowledge that:
Beta access is personal, non-exclusive, non-transferable, revocable, and limited to the individual Google account we approved. You may not share, sell, sublicense or transfer your access, or let another person use it. We may revoke access at any time, at our sole discretion, without notice and without explanation. You must be at least 18 years old and legally able to enter into contracts.
The Service works by connecting to your Google account with the permissions you grant during sign-in. You represent that the account you connect is yours, or that you have authority to connect it and to permit the actions described here. You are responsible for everything that happens through your account.
YOU ARE GRANTING SOFTWARE THE ABILITY TO ARCHIVE, DELETE (TRASH), LABEL, AND SEND EMAIL FROM YOUR REAL MAILBOX, AUTOMATICALLY, WITHOUT ASKING YOU FIRST. That is not a side effect — it is the product. Rules and sender categories you configure will act on mail on their own, including on mail that arrives while you are not using the Service.
You accept that the Service may archive, trash, mis-file, fail to surface, or delay email that mattered to you, and that you may miss something important as a result. You accept that a bug, a misconfigured rule, or an outage at Google or at Who-Mail may cause any of the above.
Do not use the Service on a mailbox you cannot afford to have rearranged, and do not rely on it for mail that is time-critical, legally significant, medically significant, or financially significant. If you need certainty that you will see a message, use a channel that gives you that certainty. Who-Mail is not that channel.
Who-Mail is not a backup service, an archive of record, or a system of record. We do not guarantee the retention, integrity, recoverability or exportability of anything. You are solely responsible for maintaining your own copies of any email or data you cannot afford to lose. Deleting your account, or us terminating it, may permanently destroy your Who-Mail data without further notice.
Text-message alerts depend on Google, on our servers, on a third-party messaging provider, and on your mobile carrier. They may be delayed, duplicated, or never arrive. A missed or late notification is an expected outcome, not a breach of these Terms. Standard message and data rates apply; by providing a mobile number you consent to receive automated texts from the Service, and you may stop them at any time in Settings.
You agree not to, and not to attempt to:
Breach of this section is grounds for immediate termination, and we may report unlawful activity to the appropriate authorities.
Unreleased features, screenshots, performance, pricing discussions and anything else you learn about the Service that is not public is our confidential information. Until we make it public, you agree not to publish, post, present, or otherwise disclose it — including screenshots and public reviews — without our prior written consent. Talking privately to us is always fine and always welcome.
If you send us feedback, bug reports, ideas, or feature requests, you grant us a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use them for any purpose without restriction, attribution, or compensation. You waive any claim that a later Who-Mail feature was your idea. Do not send us anything you consider confidential or that you are not free to give away.
Beta participation is free. We may introduce pricing at any time, and we are under no obligation to grandfather beta participants onto free or discounted plans, though we will give notice before charging you anything. You will never be charged without your express agreement first.
We own the Service, its software, design and branding. These Terms grant you a limited right to use it and nothing more. You own your email and your data; we claim no ownership of it, and we use it only to operate the Service as described in our Privacy Policy.
You may stop at any time by revoking Who-Mail's access in your Google account settings and telling us to delete your data. We may suspend or terminate your access immediately, at any time, for any reason or none. On termination your right to use the Service ends at once, and we may delete your Who-Mail data. Sections 4, 5, 8, 9, 13, 14, 15 and 17 survive termination.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; THAT IT WILL CORRECTLY IDENTIFY, PRIORITIZE, DELIVER OR PRESERVE ANY MESSAGE; OR THAT ANY DEFECT WILL BE CORRECTED. NO ADVICE OR INFORMATION FROM US CREATES ANY WARRANTY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR FOR ANY EMAIL THAT IS LOST, DELETED, ARCHIVED, MIS-FILED, DELAYED, MISSED OR NOT DELIVERED, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY.
OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100) OR THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE CLAIM, WHICHEVER IS GREATER. YOU ACKNOWLEDGE THAT THE SERVICE IS PROVIDED FREE OF CHARGE AND THAT THESE LIMITS REFLECT A REASONABLE ALLOCATION OF RISK, WITHOUT WHICH WE WOULD NOT OFFER THE SERVICE AT ALL.
Some jurisdictions do not allow certain exclusions, so parts of sections 13 and 14 may not apply to you; in that case they apply to the fullest extent permitted.
You will defend, indemnify and hold us harmless from any claim, demand, loss or expense (including reasonable legal fees) arising out of your use of the Service, your data, your breach of these Terms, or your violation of any law or third-party right.
The Service depends on Google (Gmail and related APIs) and on a third-party SMS provider. Your use of Google's services is governed by Google's own terms. We are not responsible for outages, changes, policy decisions or failures of those providers, including changes that break or end the Service.
These Terms are governed by the laws of the State of Washington, USA, without regard to conflict-of-law rules. You and we submit to the exclusive jurisdiction of the state and federal courts located in King County, Washington, and each waive any objection to that venue.
Both parties waive any right to a jury trial, and agree that any claim must be brought individually and not as a plaintiff or class member in any class or representative action. Any claim relating to the Service must be filed within one (1) year after it arises, or it is permanently barred.
We may update these Terms. If a change is material we will make a reasonable effort to notify you by email or in the Service. Continued use after a change takes effect means you accept the updated Terms; if you don't, stop using the Service and revoke its access.
These Terms, together with the Privacy Policy, are the entire agreement between us about the Service and supersede any prior discussion. If a provision is held unenforceable, the rest stays in force. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms; we may assign them freely. Nothing here creates a partnership, employment or agency relationship.
Questions, or want your data deleted? Use the contact form — it reaches us directly and we reply to the address you give.