Terms of Service

Thank you for choosing to use the services of EnovaPoint, UAB ("EnovaPoint", "We", "Us", “Our”). Please read these terms of use as they form a part of the legal agreement between you and EnovaPoint.

By accessing and using JungleMail for Office 365 ("Service") AND/OR JungleDocs for Office 365 ("Service") DEPENDING ON THE PRODUCT(S) YOU ARE USING. Collectively they are referred to as the "Services". You are agreeing to these Terms of Service, You acknowledge, and agree to be bound by, these Terms of Service, our Privacy Policy (www.enovapoint.com/legal/privacy-policy/) and our Data Processing Addendum (www.enovapoint.com/legal/data-processing-addendum/), in addition when accessing or using JungleMail for Office 365 you are also agreeing to our Anti-Spam Policy (www.enovapoint.com/legal/anti-spam-policy/).

If You access or use the Services on behalf of a company or other legal entity, You represent and warrant that You have the authority to bind such an entity to this Agreement. The terms "Customer", “You” or “Your” herein shall include you, the individual user, and such an entity. You, the individual user, represent and warrant that You are at least eighteen (18) years old and able to enter into contracts.

Service

"JungleMail  for Office 365" is an email service app for the Microsoft Office 365 platform, hosted in Microsoft Azure and distributed through the Microsoft Office 365 app store or provided directly by EnovaPoint together with its related services. (the “Service”)

AND/OR (DEPENDING ON THE PRODUCT(S) YOU ARE USING)

"JungleDocs  for Office 365" is a document automation app for the Microsoft Office 365 platform, hosted in Microsoft Azure and distributed through the Microsoft Office 365 app store or provided directly by EnovaPoint together with its related services. (the “Service”)

The Service is intended solely for persons who are 18+ years old.

EnovaPoint may at its sole discretion modify the features of the Service from time to time and without prior notice. We reserve the right to modify or discontinue the Service (or any part thereof), temporarily or permanently, with or without notice. You agree that EnovaPoint shall not be liable to You or to any third party for any modification, suspension or discontinuation of the Service.

If any users send us feedback or suggestions regarding the Service, You grant EnovaPoint an unlimited, irrevocable, perpetual, free license to use any such feedback or suggestions for any purpose without any obligation to You.

Access and use of the Service

"Users" are separate Office 365 user accounts which access and use the Service. Access to the Service is limited to Office 365 user accounts only. Users are accessing the service by passing on their Office 365 user security token.

You understand and agree that the Service must be granted access to your Office 365 SharePoint Online site collections. (Security token). The Customer understands and agrees that this access includes the access to the content of the files stored by the Customer in its Office 365 SharePoint Online. The Service does not access files or items which are not required to perform the Service.You may not use the Service for any purpose which is illegal or violates any laws in Your jurisdiction or in any way that intentionally or unintentionally violates any applicable local, state, national or international law.

You agree to use the Services in accordance with these Terms, the features or volumes purchased, which may impose limits on, for example, the amount of email sent or documents created through the Service, the amount of SharePoint site collections or the number of Users (the “Plan”). Based on Your Plan, EnovaPoint may impose limits on certain features and services.

You may not use the Service for any purpose which is illegal or violates any laws in your jurisdiction or in any way that intentionally or unintentionally violates any applicable local, state, national or international law.

You may not access or use the Service if You are Our direct competitor, except with Our prior written consent. In addition, You may not access or use the Service for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

Any software associated with the Service is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

Your Content and data

We claim no intellectual property rights over the data You provide to the Service. All data and files uploaded remain Yours.

“Data” means any data that the Customer provided or was transferred by and to the Service in order to provide service to the Customer.

For JungleMail for Office 365 this includes:

  • Customer data provided during the registration process
  • API Security Tokens
  • All data created with and uploaded to the Service. Campaign settings, templates, images, email attachments, newsletter content, landing pages, forms
  • Emails addresses and other recipients related data used in a Newsletter campaign. 
  • Campaign analytical data (email opens, link clicks, unsubscribes, bounces, user logs and any other derived info)
  • Campaign performance information (Sending and processing speed, other related parameters) 
  • Recipients subscription preferences and their Consents 
  • Billing data and usage history
  • Email sending accounts, from, reply-to addresses
  • Service User data    

For JungleDocs for Office 365 this includes:

  • Customer data provided during the registration process
  • API Security Tokens
  • Document creation performance data (file name, file size) Document content and other metadata is not stored.
  • Global rule settings, templates and app setting (regular rules are not stored)
  • Billing data and usage history
  • Service User data 

Fees, Payments, Refunds, Upgrading and Downgrading 

In order to use the Services outside of Your Trial or Free plan, You may be required to pay monthly or annual fees. Fees are based on the Plan You subscribed to, usage metrics or the number of users set forth in the applicable order. Payment obligations are non-cancellable and Fees paid are non-refundable.

You may pay for the Service using a credit card, PayPal or pay the invoice by wire transfer. Checks are not accepted. Purchase orders are accepted only for annual subscriptions and additional supporting information may be asked before completing the order.

Fees do not include any taxes, levies, duties, or similar governmental assessments of any nature on the Service, including, for example, value-added, sales, use, or withholding taxes assessable in any jurisdiction whatsoever.  You agree to pay any taxes applicable to Your use of the Services. 

We reserve the right to change Our Fees for the Service and add-ons at any time by posting a new price list to our website (www.enovapoint.com) The new price list may apply to all new Subscriptions and upgrades.

Auto-Renewal.  If You subscribe using a credit card or PayPal You agree to recurring payments and Your account will be billed automatically at the start of the monthly or annually, as applicable.  You may cancel Your automatic billing at any time from the Paypal dashboard or by contacting Us at support@enovapoint.com.

Plan changes. You can upgrade Your Plan at any time from Your account dashboard, by ordering new at www.enovapoint.com website or by contacting Us at support@enovapoint.com. When upgrading we will calculate the difference between Your current and new Plan on Pro Rata basis and provide You with instructions of how to pay for an upgrade. When downgrading, we will keep Your current Plan features and benefits until the end of Your current billing cycle. You will need then to repurchase Your subscription with the desired Plan (or use the Free version if available).

Free Plan. Trials. Your service usage may start with a Free Plan or Trial. Such Plans may have a limited imposed on the number of emails, users, documents or features. EnovaPoint reserves the right to change the conditions for the Free or Trial Plans at any time.

Refunds. We will give You a refund only if we terminate our Services to You without cause before the end of a period for which You have paid or in case of fraudulent payments made to Us using Your credit card. We won’t provide refunds if Your account was cancelled as a result of the violation of these Terms or Our Anti-Spam policy. 

Termination of Service

You can cancel Your account without penalty. In the event of account cancellation, all Your data will be deleted within 30 days after the Termination.

EnovaPoint, at its sole discretion, has the right to suspend or terminate Your subscription and may refuse any and all current or future use of the Service for any reason and at any time. Such termination of the Service will result in the deactivation or deletion of Your Account or Your access to Your Account, as well as the forfeiture and relinquishment of all content in Your account. We reserve the right to refuse Service to anyone for any reason at any time.

Fair usage, and abuse of features

Proper use of Our Service gives good value and performance to thousands of our Customers. However, we have defined certain parameters to make sure that excessive or abusive use of certain Service features will not adversely affect Our other Customers and their ability to use the Service. These parameters are set beyond normal and considerate usage and thus, they will not affect the vast majority of our Customers at all.

You can be affected by these rules only if You use certain features of the Service excessively, to the extent that such usage overloads Our system and detrimentally affects the usability of the Service for other Customers.

Should our Compliance Team determine this, we will contact You immediately to let You know that You use the Service or part thereof in an excessive manner and supply You with simple advice on how to reduce Your usage. 

If You do not follow our advice and Your usage of the Service is still excessive, we reserve the right to suspend or terminate the Service in whole or in part. Each case will be decided on an individual basis and at Our sole discretion.

You accept that any measures applied by us under these rules do not entitle You to any refund for the remainder of Your subscription period.

Intellectual Property

EnovaPoint reserves all rights, titles, and interest in the Service (including all characters, storyline, images, photographs, graphics, animations, video, music, and text), and all associated copyrights, trademarks, and other intellectual property rights therein. You may use the EnovaPoint logo and product names on your website to advertise Your use of the Service, unless otherwise informed by Us.

We claim no intellectual property rights over the data you provide to the Service. All data and files uploaded remain yours.

Disclaimer

Neither any opinion, advice or statement of Us or Our affiliates, licensors, suppliers, agents or visitors, whether made on Our website or otherwise nor the results of any operation of the Service by You constitute representations or warranties of Us or give rise to any rights of reliance or otherwise for the benefit of You or any third party. You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for accuracy of data input and output, and for maintaining a means external to the Service for the reconstruction of any lost data.

We do not assume any responsibility or risk for Your use of our Service and the internet. Any and all Services provided by Us to You are provided "As is", without warranty of any kind. We disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, satisfactory quality and noninfringement and all warranties that may arise from the course of dealing, the course of performance or usage of trade. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to You. We and our affiliates, licensors, suppliers, and agents do not warrant that Your use of our website or materials will be uninterrupted, error-free or secure, that defects will be corrected or that Our website, the server(s) on which Our website is hosted or Our materials are free of viruses or other harmful components.

Without limiting the generality of the foregoing, we hereby disclaim any and all liability for any damage to or other impact on your equipment, hardware, software, data or other information or materials, whether or not caused by or related to (either directly or indirectly) Your use of the service, including but not limited to claims relating to faulty, malfunctioning or inoperable service.

Limitation of Liability

In no event will We nor any of our affiliates, licensors suppliers or agents, nor Our or their directors, officers, employees, consultants, agents or other representatives ("Indemnified parties"), be liable for any indirect, incidental, special, consequential or punitive damages or damages for loss of profits, revenue, business, savings, data, use or cost of substitute procurement, incurred by You or any third party, whether in an action in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages or if such damages are foreseeable.

Your sole remedy for dissatisfaction with Our website, materials or any linked site is to stop using them. The sole and exclusive maximum liability of all indemnified parties collectively for all damages, losses and causes of action, whether in contract, tort (including negligence) or otherwise, shall be the total amount paid by You, if any, to access or use Our website or Our materials. Your use of our website and any materials provided through our website is entirely at your own risk. You acknowledge that the limitations of liability in these Terms and the allocation of risk herein are an essential element of the bargain between You and Us, without which we would not have provided the Service. Our pricing reflects this allocation of risk and the limitation of liability specified herein.

Relation of The Parties

Nothing in these Terms will create or imply an agency relationship between EnovaPoint and the Customer, nor will these Terms be deemed to constitute a joint venture or partnership between the parties.

EnovaPoint may reproduce, display and use Customer name and logo for the limited purpose of advertising the Customer's use of the Service in any of EnovaPoint promotional materials unless or until Customer notifies EnovaPoint in writing via email to sales@enovapoint.com that the Customer does not agree to let EnovaPoint reproduce, display and use Customer’s logo and trade-names for such purposes.

Changes to these Terms

In case that we change these Terms, We will post a revised version on our Website. We may send You an email to the last email address You supplied us with, to keep You up to date on any changes to these Terms.

If you have any questions about these terms of use, please contact us at legal@enovapoint.com.

These Terms of Service were last updated on June 12, 2018.