Terms of Service
This website (mailstudio.app), and the downloadable software application (Mail Studio) are products of Zine EOOD, registered at Dunavski Lebed 7, Varna, Bulgaria, referred to as "we" in this document. The term "you" refers to the user of the software or viewer of our website.
The terms on this page govern Zine EOOD's relationship with you in relation to the website and software. Your usage of our website or software equates to agreement to these terms.
We may update this document occasionally. We will give advance notice to our registered users in case of major changes. The date of the last update is indicated at the bottom.
License Grant and Ownership
- 1.1 Upon downloading our desktop application (Mail Studio) or signing up for an account on our website (mailstudio.app), you obtain a worldwide, non-exclusive, non-transferable license to install and use our software and services.
- 1.2 The downloadable software application (Mail Studio), is distributed from our website (mailstudio.app) and comes in two flavors:
- 1.2.1 A free edition with limited functionality and restricted to non-commercial projects only.
- 1.2.2 A fully featured edition, suitable for both commercial and non-commercial projects alike. It is only available to customers with a website account and an active subscription.
- 1.3 Converting Mail Studio from the free (non-commercial) edition to the commercial edition is done by signing in using a mailstudio.app account with an active subscription within the desktop application. All designs you have created in Mail Studio until this point are enabled for commercial use.
- 1.4 Converting Mail Studio from the commercial edition to the non-commercial edition is done by signing out of your mailstudio.app account within the desktop application, or by having your subscription become inactive. All commercial-use designs you have created in Mail Studio until this point remain usable commercially, unless you edit them within the non-commercial Mail Studio edition.
- 1.5 The templates and components that are made by us and come preinstalled in Mail Studio:
- 1.5.1 Are provided royalty free to Mail Studio users.
- 1.5.2 May not be redistributed outside the software, or resold.
- 1.6 We own all intellectual property rights for the desktop application (Mail Studio) and the website (mailstudio.app).
- 1.7 You may not copy, reproduce, alter, reverse engineer, clone, or modify our software, or create derivative works.
- 1.8 You retain full ownership over the designs and components you create within Mail Studio and/or upload to the mailstudio.app website.
 A non-commercial project is a Mail Studio created design which does not directly or indirectly lead to a monetary benefit to the creator.
 A commercial project is any Mail Studio created design, which leads to a direct or indirect monetary benefit to the creator.
Accounts and Fees
- 2.1 To access the full services of our website (mailstudio.app), it is required to sign up for a user account.
- 2.2 You may not share your mailstudio.app account with others, or sign in with another person's account.
- 2.3 A mailstudio.app subscription applies to a Team. All users belonging to a Team with paid fees are considered to have an active subscription, and can sign in the desktop Mail Studio software.
- 2.4 Subscriptions are paid ahead of time. Paying your subscription fee grants your Team access to the mailstudio.app website and services until the end of the billing period.
- 2.5 At the end of each billing period, your subscription will automatically renew indefinitely, until explicitly cancelled by you.
- 2.6 You can request a refund within 30 days of your first subscription payment.
 A Team is a group of users that is created in the mailstudio.app website. You are required to create a Team for the service to function, even if only a single individual will be part of it.
Disclaimer of Warranties
- 3.1 The software and service is provided "as is" and you use it at your own risk. We expressly disclaim all warranties, express or implied, including without limitation the implied warranty of merchantability, the implied warranty of fitness for a particular purpose and the warranty of non-infringement.
- 3.2 We do not warrant or ensure continuous, error-free, secure or virus-free operation of the software and services, or your account. You understand and agree that you shall not be entitled to make any claim based on our failure, irrespective of fault, to provide any of the foregoing.
- 3.3 Without limiting the foregoing, the software and service is not designed or licensed for use in hazardous environments requiring fail-safe controls. If someone's life or critical systems depend on your use of our software or service, please do not use it.
- 3.4 To the extent that you live in a jurisdiction that refused to enforce the foregoing disclaimers, we disclaim all warranties, express and implied, to the extent permitted by law.
Liability and Indemnification
- 4.1 In no event will we be liable to the user or third parties for any damages, including but not limited to direct, indirect, special, incidental, consequential or punitive damages (including but not limited to loss of use, business interruption, loss of profits or loss, corruption and/or alteration of data) arising out of or in any way related to your data and/or your use of the software and service, whether in an action in contract, tort, equity or otherwise.
- 4.2 You voluntarily engage in the activity of internet use and bear the risks associated with that activity. You will be solely responsive for any damage done to your computer or your data that results from such activity. In no event will we have any liability to you or any third party for unauthorized access or use, alteration, corruption, theft or destruction of your data and/or your account.
- 4.3 Our liability is expressly limited for any reason and upon any cause of action to the amount you actually paid to us for the software and service during the three months immediately preceding the date on which you claim the cause of action accrued.
- 4.4 To the extent that you live in a jurisdiction that refuses to enforce the foregoing provision, our liability is limited to the greatest extent allowed by the law of that jurisdiction.
- 4.5 You agree to indemnify, defend and hold us harmless from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from or related to your data, your use of the service and software, and/or any breach of these Terms by you. You further agree to defend, indemnify and hold us harmless from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from or related to any claims by third parties that your data or your use of the service and software infringes upon, violates or misappropriates any of their Intellectual Property Rights or discloses their Proprietary Information.
- 4.6 Neither party shall be responsible for any failure to perform, or delay in performing any of its obligations under these Terms, where and to the extent that such a failure or delay results from causes outside the control of such party. Such causes shall include, without limitation, failures caused by a third-party service, acts of the government in its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, freight embargoes, strikes, civil commotion or the like.
- 4.7 You agree that all disputes related in any way to or arising from your use of the service and software, shall be governed, without respect to conflict of law principles, by the laws of Bulgaria.
- 5.1 We reserve the right to terminate your account at any time and for any reason so long as permitted by law.
- 5.2 In case of account termination, you will be required to destroy all copies of the software. If permitted by law, a backup copy of your data will be provided for download.
- 5.3 You may terminate your own account at any time from our website (mailstudio.app).
Information on Our Website
- 6.1 The content of the pages of this website, our forum and documentation is for your general information and use only. It is subject to change without notice.
- 6.2 Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- 6.3 Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- 6.4 This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited without prior written approval.
- 6.5 All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
- 6.6 Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
- 6.7 From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).