Terms of Service

1. Acceptance of Terms

By downloading, installing, or using MailSwift ("the App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the App. These Terms constitute a binding legal agreement between you and Elidron LLC ("Elidron," "we," or "us").

2. Scope of License

Elidron grants you a limited, non-exclusive, non-transferable, revocable license to use the App for personal or direct commercial use (e.g., sending emails to your clients) on iOS devices you own or control. You may not: (a) reverse engineer, decompile, or attempt to extract the source code; (b) rent, lease, resell, or sublicense the App itself; (c) use the App to create a competing product.

3. Intellectual Property Rights

• Elidron Ownership: Elidron LLC retains all rights, title, and interest in and to the App, including its code, design, interface, and trademarks.
• User Content: You retain full ownership of the emails, templates, and content you create using the App. We claim no ownership over your designs or data.

4. User Responsibilities & Acceptable Use

• You are solely responsible for the content you create and send.
• You must comply with all applicable laws, including the CAN-SPAM Act, GDPR, and the terms of your SMTP/Email Service Providers.
• You may not use the App for: unsolicited bulk email (spam), phishing, malware distribution, harassment, or illegal activities.
• You act as the data controller for any personal data (e.g., recipient lists) you process; Elidron is not a processor as we do not touch this data.

5. Data & Privacy

MailSwift is a local-first application. Your credentials, templates, and assets are stored on your device. We do not transmit your content to our servers. By using the App, you agree to our Privacy Policy, which explains how local data is handled.

6. Third-Party Services

The App integrates with third-party services (e.g., Gmail, Outlook, AWS SES) via SMTP. You are responsible for maintaining your accounts with these providers. Elidron is not responsible for the availability, security, or performance of any third-party service.

7. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE ERROR-FREE OR SECURE.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ELIDRON LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR DATA, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APP. OUR TOTAL CUMULATIVE LIABILITY SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE PRIOR 12 MONTHS, OR (B) USD $100.

9. Dispute Resolution: Arbitration & Class Action Waiver

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. Any dispute arising out of these Terms or your use of the App will be resolved through binding individual arbitration in Hillsborough County, Florida, under the rules of the American Arbitration Association. YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

10. Changes to Terms & App

We may modify these Terms at any time. Updated Terms will be posted here with a new effective date. We may also modify, suspend, or discontinue features of the App at any time without notice or liability.

11. Governing Law

These Terms are governed by the laws of the State of Florida, without regard to its conflict of laws principles.

12. Contact

Legal notices or questions? Email contact@elidron.com.