These Terms of Service (“Terms”) are an agreement between Missive, owned and operated by Heliom inc. (collectively, “Missive”, “Heliom”, “we”, “us”, or “our”) and you (“you”, “your”) as a user of the Missive application and services (“Services”). The “Services” means all current and future websites, apps and features offered by us, including without limitation missiveapp.com, mail.missiveapp.com and downloadable applications offered at missiveapp.com/download.
By using any of our Services, now or in the future, you are accepting the latest version these Terms. By agreeing to the Terms on behalf of a corporation or other legal entity, you declare that you have the authority to bind said entity to these Terms.
If you violate any of these Terms, we have the right to terminate your account. See the “Cancellation and Termination” section below for more details.
Account Terms
Your account must be registered by a human. Accounts registered by “bots” or other automated methods are not permitted.
You are responsible for maintaining the security of your account, password and other safeguards such as two-factor authentication. Missive cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You may not use the Services for any illegal or unauthorized purpose, including but not limited to: propagation of violence, hate speech, harassment, distribution of malware, phishing, spam, infringement of intellectual property rights, or fraud. Missive reserves the right to determine whether your use of the Services falls under unauthorized purposes.
Payments and Taxes
All payments for the Services must be made online with a valid credit card. Accounts on our Free plan do not need a credit card to use the Services.
All fees published in the Services are exclusive of all taxes, levies, or duties imposed by taxing authorities. We may collect taxes on behalf of taxing authorities in some jurisdictions, meaning your invoices may include additional line items for federal and/or state taxes. At the moment, this applies to customers with a billing address in Canada. Other customers are responsible for payment of all taxes, levies, or duties as required.
Cancellation and Termination
You are solely responsible for properly canceling your account by following the steps outlined here. Requests for account cancellation made by email, phone or chat will not be considered.
Cancellations take effect immediately. If you cancel the Services before the end of your billing cycle, we will not issue a refund except as stated by our 30-day money-back guarantee during your first month of use.
We reserve the right to suspend or terminate accounts for any reason at any time. Suspension means you will not be able to access your account or any of its content. Termination will result in the permanent deletion of your account and all of its content.
We reserve the right to terminate accounts on the Free plan after a prolonged period of inactivity.
Modifications to the Services and Prices
We always do our best to not disrupt the workflows of our users. However we do reserve the right to remove features, restrict existing features to higher-priced plans, or increase prices for existing customers. Such decisions would not be made lightly and we would aim at notifying customers in advance of any material change to the Services.
Content Access and Ownership
Content you create or upload via the Services is processed according to our Privacy Policy. We claim no ownership nor intellectual property rights over this content. It is yours and remains yours.
You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements of the Services without express written permission.
Service Availability
The Services are provided “as is” and “as available”. Missive does not offer service-level agreements. Although we strive for maximum availability, we do not guarantee that the Services will be uninterrupted, uncorrupted, timely, or error-free.
Liability
You agree that Missive will not be liable to you or to any third party for any direct, indirect, incidental, special, exemplary or consequential damages, lost profits, lost data, business interruption or other intangible losses, resulting from the use or inability to use the Services, unauthorized access to or alteration of your data, or any other matter relating to the Services, whether as a breach of contract or tort (including negligence) and whether or not Missive is advised of the possibility of such damages.
Governing Law
Your use of the Services and these Terms shall be governed by and interpreted in accordance with the laws of the province of Quebec and the laws of Canada applicable therein, without regard to principles of conflicts of laws. You hereby acknowledge that any litigation arising from or related to your use of the Services shall be subject to the exclusive jurisdiction of the courts of the Judicial District of Québec, province of Quebec.
Contacting Us
If you have any questions about these Terms of Service, please contact us at info@missiveapp.com.
Heliom inc. is located at:
190 rue Dorchester, studio 50.5
Quebec QC, Canada
G1K 5Y9
