User Friendliness
4
/ 10
Below Average
Key Concerns
5
Company can change terms and services without specific notice period (except for price changes).
Mandatory binding arbitration and waiver of class action rights.
Company can terminate user accounts at any time without notice and at its sole discretion.
Broad, transferable, sublicensable license granted to the company for user content.
User content may not be completely removed after deletion and copies may persist.
Policy Analysis
Word Count
2,085
Sections Found
11
Plain Language Summary

These Terms of Service govern your use of Foundry 376, LLC's website, API, and Mailspring desktop email application. By using the services, you agree to these terms, which can be changed at any time by the company, with continued use signifying acceptance. Users retain ownership of their content but grant the company a broad license to use it for service operation. The terms include mandatory binding arbitration for disputes, a waiver of class action rights, and a limitation of liability.

Notable Clauses
Unilateral Changes

Company can modify terms at any time in its sole discretion, with continued use constituting acceptance. No specific notice period for general terms changes.

Unfavorable
Termination by Company

Company can terminate user access at its sole discretion, at any time and without notice.

Unfavorable
Content License

Users grant Foundry 376, LLC a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, create derivative works, publicly display, perform, and distribute User Content.

Unfavorable
Dispute Resolution

Mandatory binding arbitration, waiver of jury trial, and waiver of class action participation, with a 30-day opt-out period.

Unfavorable
Limitation of Liability

Excludes incidental, special, exemplary, or consequential damages, and limits total liability to amounts paid by the user or $100.

Unfavorable
Billing & Subscriptions
Auto-Renewal

you authorize Foundry 376, LLC to bill your credit card or other payment instrument on a periodic basis in accordance with such terms.

unclear
Free Trial Auto-Converts

The document does not mention free trials.

no
Cancellation Method

You may cancel your Account at any time by sending an email to us at support@getmailspring.com.

email
Cancellation Effective

You may cancel your Account at any time by sending an email to us at support@getmailspring.com.

not_specified
Cancellation Notice (days)

You may cancel your Account at any time by sending an email to us at support@getmailspring.com.

Unknown
Billing Cycle

you authorize Foundry 376, LLC to bill your credit card or other payment instrument on a periodic basis in accordance with such terms.

not_specified
Price Change Notice (days)

If we do change prices, we will provide notice of the change through the Services and in an email to you at least 30 days before the change is to take effect.

30
Refund Policy
Refund Available

All amounts paid are non-refundable and we reserve the right to change our prices in the future.

no
Refund Window (days)

All amounts paid are non-refundable.

Unknown
Prorated Refunds

All amounts paid are non-refundable.

no
Renewal Refunds

All amounts paid are non-refundable.

no
Dispute Resolution
Arbitration Required

UNLESS YOU OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE YOU FIRST AGREE TO THESE TERMS... YOU AGREE THAT DISPUTES BETWEEN YOU AND FOUNDRY 376, LLC WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION

yes
Arbitration Provider

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules")

American Arbitration Association (AAA)
Arbitration Opt-Out

UNLESS YOU OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE YOU FIRST AGREE TO THESE TERMS BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN THE "ARBITRATION" SECTION BELOW

yes
Class Action Waiver

you and Foundry 376, LLC are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.

yes
Governing Law

These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.

State of California
Jurisdiction

The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide Foundry 376, LLC with an Arbitration Opt-out Notice, will be the state and federal courts located in the Northern District of California

Northern District of California
Small Claims Exception

each party retains the right: (i) to bring an individual action in small claims court

yes
Liability & Indemnification
Liability Cap

In no event will Foundry 376, LLC'S total liability... EXCEED THE AMOUNTS YOU HAVE PAID TO FOUNDRY 376, LLC FOR USE OF THE SERVICES OR content OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS

greater_of
Warranty Disclaimer

The Services and Content are provided "AS IS," without warranty of any kind. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT

full_as_is
Service "As Is"

The Services and Content are provided "AS IS," without warranty of any kind.

yes
User Indemnifies Company

You will indemnify and hold harmless Foundry 376, LLC and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses

yes
Force Majeure
no