Effective date: 26th September 2019

Please note that your use of and access to our services (defined below) are subject to the following terms; if you do not agree to all of the following, you may not use or access the services in any manner. These Terms of Use (the “Terms”) are a binding contract between you and Outflash. (“Outflash” “we” and “us”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at support@outflash.xyz. You must agree to and accept all of the Terms, or you don’t have the right to use the Services. Your using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in the Privacy Policy.

Will these Terms change?

We are constantly improving our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the Outflash website, and/or by sending you an email, and/or by some other means.

If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.

Our goals

We strive to make Outflash as easy-to-use as possible and as ethical a business operation as possible. The terms will ensure a good experience for you, our user, and us, the creators of Outflash. You must agree to these terms before using Outflash.

Outflash button versus Send button

Outflash cannot be held responsible if you accidentally click the Outlook Send button instead of the Outflash button. Clicking the Outlook Send button while working on an email campaign may send an email, exposing your email list to everyone in the To, Cc and Bcc fields. Outflash also cannot be held responsible if you have other Outlook add-ins installed that interfere with the function of the Outflash buttons. 

Sending Limits

The Outflash service will attempt to send your email campaign to your email recipients, but we cannot guarantee that your emails will be delivered. Because we rely on Microsoft’s infrastructure from sending, you agree that we cannot be held responsible if your particular Outlook or Office 365 account has reached its capacity, as determined by Microsoft. We publish guidelines, based on Microsoft’s guidelines, of an account’s maximum sending capacity, but they are just guidelines, and not hard rules.

Outlook, Office 365 and Microsoft account suspensions or closures

Outflash cannot be held responsible if Microsoft suspends or terminates your Outlook, Office 365 or Microsoft account because of Outflash use. Ultimately, you are responsible for the email activity inside your Outlook account. You understand and agree that Outflash is designed to automate the sending of mass emails through your Microsoft account, and it is your responsibility to adhere to Microsoft’s own terms and conditions. Outflash has no ability to reinstate a Microsoft account should Microsoft decide to suspend or terminate it.

Subscriptions

You understand that if you subscribe to a paid Outflash account using a credit card, debit card or PayPal account, you will be charged a monthly or annual fee, based on the plan you choose, until you cancel your subscription.

Confidentiality and Feedback

You acknowledge that, in the course of your relationship with Outflash and in using the Services, you may obtain information relating to the Services and/or Outflash (“Proprietary Information”). Such Proprietary Information shall belong solely to Outflash and includes, but is not limited to, the features and mode of operation of the Services, trade secrets, know-how, inventions (whether or not patentable), techniques, processes, programs, ideas, algorithms, schematics, testing procedures, software design and architecture, computer code, internal documentation, design and function specifications, product requirements, problem reports, analysis and performance information, benchmarks, software documents, and other technical, business, product, marketing and financial information, plans and data. In regard to this Proprietary Information:

(a) You shall not use (except as expressly authorized by this Agreement) or disclose Proprietary Information without the prior written consent of Outflash unless such Proprietary Information becomes generally publicly available without your breach of this Agreement.

(b) You agree to take reasonable measures to maintain the Proprietary Information and Services in confidence.

You may, at your discretion, provide feedback to Outflash with respect to your testing of the Services (“Feedback”). Feedback may include, without limitation, errors or difficulties discovered in the Services and the characteristic conditions and symptoms of the errors and difficulties. Outflash shall own all right, title, and interest in the Feedback and you shall and hereby do make all assignments necessary to accomplish the same.

Privacy

Outflash takes the privacy of its users very seriously. For the current Outflash Privacy Policy, please click here

Warranty Disclaimer

Neither Outflash nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. THE SERVICES AND CONTENT ARE PROVIDED BY OUTFLASH (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Assignment

You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Outflash’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.