Terms of Use

TL:DR:

We run an application called EmailHawk and would love for you to use it. Our service is designed to alert you when an email you send is opened by the recipient. While we take this responsibility very seriously, we cannot be responsible for incorrect or inaccurate alerts and statistics.

Terms of Service:

The following terms and conditions govern all use of the EmailHawk.com website and all content, services and products available at or through the website, including, but not limited to, the EmailHawk iOS app. The App is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, EmailHawk's Privacy Policy) and procedures that may be published from time to time on this Site by EmailHawk (collectively, the 'Agreement').

Please read this Agreement carefully before accessing or using the App. By accessing or using any part of the app, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the App or use any services. If these terms and conditions are considered an offer by EmailHawk, acceptance is expressly limited to these terms. The App is available only to individuals who are at least 13 years old.

Electronic Communications. When you visit the App or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices in this App. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Intellectual Property. All content included on this App, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of EmailHawk or its content suppliers and protected by US and international copyright laws. The compilation of all content on this App is the exclusive property of EmailHawk and protected by US and international copyright laws. All software used on this App is the property of EmailHawk or its software suppliers and protected by US and international copyright laws. Other trademarks, service marks, graphics and logos used in connection with the App may be the trademarks of other third parties. Your use of the App grants you no right or license to reproduce or otherwise use any EmailHawk or third-party trademarks.
Your EmailHawk Account and Site. If you use this App, you are responsible for maintaining the confidentiality of your EmailHawk account and password and for restricting access to your phone, and you agree to accept responsibility for all activities that occur under your account or password. EmailHawk reserves the right to refuse service, terminate accounts, remove or edit content in its sole discretion.
Changes. EmailHawk reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the App following the posting of any changes to this Agreement constitutes acceptance of those changes. EmailHawk may also, in the future, offer new services and/or features through the App (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
General Terms. Paid services are available on the App (any such services, an "Upgrade"). By selecting an Upgrade you agree to pay EmailHawk the monthly or annual subscription fees indicated for that service. Upgrades purchased through the Apple App Store will be billed to the card on file with your iTunes account - these Upgrade fees are only refundable through Apple customer support.
Automatic Renewal. Unless you cancel 24-hours or more before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in the subscription management section of your device..
Limitation of Liability. In no event will EmailHawk, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to EmailHawk under this agreement during the twelve (12) month period prior to the cause of action. EmailHawk shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty. You represent and warrant that (i) your use of the App will be in strict accordance with the EmailHawk Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the App will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification. You agree to indemnify and hold harmless EmailHawk, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the App, including but not limited to your violation of this Agreement.
Miscellaneous. This Agreement constitutes the entire agreement between EmailHawk and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of EmailHawk, or by the posting by EmailHawk of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the App will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; EmailHawk may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.