BlueWhaleMail™ End User Licence Agreement

1. Acceptance of Terms

This is a legal Agreement between You and Blue Whale Systems Ltd (a company incorporated in England and Wales with company number 5582434). In this Agreement: (i) we, us and our mean Blue Whale Systems; (ii) Software and Service mean the BlueWhaleMail™ software and application service; and (iii) Partner and Partners mean any of our third-party partners such as email and content providers. This Agreement describes your rights and responsibilities, and ours, in connection with using the Software and Service. You represent that you are at least 16 years of age and that any information you submit is correct. By downloading and using the Software and Service from Blue Whale Systems, you accept this Agreement. If you do not accept this Agreement, you are not authorised to use the Software and Service. We are continually expanding the features and functionality of the Software and Service, and reserve the right to modify the terms of this Agreement. Any modification of these terms will be notified to you either through the Service or on the BlueWhaleMail™ website. Please also see our Privacy Statement at http://www.bluewhalemail.com/download/privacy.jsp about how we use the personal data we collect from you when you use the Service.

2. The Software

To enable you to use the Service, we provide a Software application for your phone, which may be downloaded by you from the BlueWhaleMail™ website. We cannot guarantee that the Software will be free of all viruses.

3. Using the Service

The main features of the Service let you receive, read, compose, send, forward and reply to emails and view and interact with advertising content. By using the Service, you accept that we: (i) may collect personal data about you (subject to our Privacy Policy); (ii) may use such personal data to identify and serve relevant advertising to you as part of the Service; (iii) are not responsible for any connection or access to the Service by you, or the quality of the transmission of any images or information that you submit via the Service; and (iv) do not guarantee that the Software and Service will work on all mobile phones, nor that they will be compatible with all mobile phone networks or be available in all areas.

4. What You Pay For

The Software and the Service are both free. In the future we may offer premium service features, including the option to use a premium advertisement-free version of the Service, and you will then have the option of subscribing to and paying for such features. You will have to pay for any and all network data charges that may be incurred when you download the Software and any updates, or use the Service, including sending or receiving communications to or from us. Network data charges can be expensive, especially while roaming. Please find out about tariffs from your provider before using the Service.

5. Technical Support

We provide limited technical support, at our discretion, which is available to you when you post queries to our support forum at http://www.bluewhalemail.com/forum. We have no obligation to provide maintenance services or additional technical support for the Software or Service.

6. No Harmful or Unlawful Use of the Software and Service

We own the title, copyright, and other intellectual property rights to the Software and Service. You may copy and distribute at no charge verbatim copies of the Software as you receive it provided you keep intact all the notices that refer to this Agreement. You will not: (i) disassemble, decompile, or reverse engineer the Software, except as expressly permitted by law; and (ii) reproduce, translate, modify, sell, lease, rent, loan, distribute, sub-lease, sub-license or create derivative works of the Software or Service save as permitted under this Agreement. You agree not to: (i) transmit or post any emails or other media that contain in any form software viruses, files or programs designed to interrupt, destroy or limit the functionality of the Software, the Service or any other computer hardware, software or telecommunications equipment; (ii) attempt to gain unauthorised access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; (iii) obtain or attempt to obtain any information or media not intentionally made available through the Service; (iv) use the Software or Service in any manner that might damage, disable, overburden or impair the Software or Service, or third-party computer hardware or software; and (v) use the Software or Service for any purpose that is unlawful or might infringe any patent, trade mark, copyright, rights of privacy, rights of publicity or any other rights of third parties.

7. Code of Conduct

You agree not to: (i) publish, distribute and/or disseminate any harmful, vulgar, obscene, indecent, unlawful, libellous, profane, defamatory, infringing, inappropriate, hateful or racially, ethnically or otherwise objectionable material or information via the Software or Service; (ii) defame, abuse, harass, stalk, threaten or otherwise violate the rights of others by your use of the Software or Service; and (iii) interfere with any third party's use or enjoyment of the Software or Service.

8. Service Quality

We do not guarantee that the Software and Service will be error free or free from interruption or other failures, or that the Software and Service will satisfy your specific requirements. The Service may be unavailable because of maintenance, updates and emergency repairs, failure of telecommunications links and equipment, or other causes that are beyond our control. We will take reasonable steps to minimise disruption to the Service where it is within our reasonable control. We may modify or discontinue temporarily or permanently providing the Service or any of its features with or without notice.

9. Blue Whale Systems Disclaimers

The Software and Service are made available on an as is basis. Blue Whale Systems shall not be responsible and will not be liable for any disruption to incoming or outgoing calls or other services received via your handset nor shall Blue Whale Systems be responsible for the content of the emails delivered through the Service.

10. Limitation of Liability

In no event will Blue Whale Systems be liable for any direct, incidental, special or consequential damages arising out of using the Software or Service. You further agree that Blue Whale Systems is not responsible and will not be liable for any emails, photos, videos or other media that are downloaded to your phone via the Software and Service. This includes but is not limited to any harmful, vulgar, obscene, indecent, unlawful, libellous, profane, defamatory, infringing, inappropriate, hateful or racially, ethnically or otherwise objectionable material or information. If you are dissatisfied with the Software or Service, or have any other dispute or claim with or against Blue Whale Systems with respect to this Agreement or the Software or Service, then your sole and exclusive remedy is to discontinue using the Service. Notwithstanding the foregoing, nothing in this Agreement shall limit Blue Whale Systems' liability for personal injury or death caused by its negligence.

11. Ending This Agreement

If we believe that you have not complied with any provision of this Agreement, we may end this Agreement immediately with or without prior notice.

12. Governing Law

This Agreement will be governed by the laws of England and you submit to the non-exclusive jurisdiction of the English courts.

13. Assignment

We may assign this Agreement or any part of it to any other person, firm or organisation.

14. Third Party and Open Source Software

Blue Whale Systems Ltd uses some software which has been shared or purchased under various licensing arrangements. License information for third-party software we use can be found by following this link.