Terms of Service

These Terms of Use (“Terms”) are a legal agreement between the author Klaus Muckenhuber herin “MK”, located at 4625 Offenhausen 14, Austria, and the person or entity agreeing to the terms herein “Customer”, “You” or “you”. By using or accessing any part of  GSM  (the “Service”), You agree that You have read, understand, and agree to be bound by all of the terms and conditions contained herein. If You do not agree to these Terms, You must not use or access the Service. If You are entering into this terms on behalf of a company, You represent that You have the authority to bind that company to these terms.

GSM is an Add-On to Google Sheets that sends email campaigns with Google Gmail. The Service is offered and provided subject to these Terms for your private or business purposes. You may connect to the Service using any Internet browser supported by the Service.

The Service requires a Google account that will be used to access the Service configuration console and a datasource which will contain the data processed by the Service. You understand and acknowledge that You are solely responsible for obtaining the Internet access and all equipment necessary to use the Service, for appropriately configuring Your Google account and for creating and managing the datasource and their content. All fees associated with the foregoing shall be paid by You.

Modifications

MK reserves the right to update and change the Terms of Service without notice you. You have to visit this website to check the latest version. You may terminate your use of the Service if the Terms are modified in a manner that substantially affects your rights in connection with use of the Service. Your continued use of the Service after any such changes shall constitute your consent to such changes.

Use of the Service

Access to Service: Access to the Service is only available to the Customer and the end users (“Users”) to whom Customer grants access. Upon installation of the Service, Customer will configure the applicable datasource(s) which contain the data to be processed by the Service, as required to send email campaigns with GSM Mail Merge.

License to Customer: Subject to Customer’s compliance with these Terms and the Google Acceptable Use Policy (available at https://cloud.google.com/terms/aup), including, without limitation, Customer’s payment of all applicable fees, MK hereby grants Customer a limited, revocable, non-transferable non-exclusive, non-sublicensable license to access and use the Service, solely for Customer’s own internal use.

Customer is at all times fully responsible and liable for all acts and omissions by Users to whom Customer has granted access to the Service and Customer agrees to indemnify MK for all claims and losses related to any such acts and/or omissions.

MK reserves the right to terminate unpaid accounts. MK will provide Customer with prior notice of such termination by email.

Restrictions on Use

In addition to all other terms and conditions contained herein, you shall not and shall not permit others to:

1. copy, modify, adapt, translate or otherwise create derivative works of the Service;
2. reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Service;
3. rent, lease, sell, assign or otherwise transfer rights in or to the Service;
4. remove any proprietary notices or labels from the Service;
5. use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service;
6. use the Service for spamming or any other illegal or unauthorized purpose or engage in illegal or deceptive trade practices;
7. otherwise use of the Service in violation of any laws in your jurisdiction (including but not limited to copyright laws);
8. process or store any content on or through the Service that is subject to the International Traffic in Arms Regulations maintained by the Department of State.

This list of prohibitions provides examples and is not complete or exclusive.

MK reserves the right to suspend or terminate your access to Service with or without cause and with or without notice, for any reason or no reason, or for any action that MK determines is inappropriate or disruptive to the Service or to any other user of this Service.

Google may suspend your Google Apps account if: (a) your use of Google Apps is in violation of Google’s Acceptable Use Policy, which could disrupt: (i) Google Apps; (ii) other users’ use of Google Apps; or (iii) the Google network or servers used to provide Google Apps services; or (b) there is unauthorized third party access to Google Apps.

MK may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at MK’s discretion, MK will cooperate with law enforcement agencies in any investigation of alleged illegal activity associated with the Service or on the Internet.

Unauthorized use of any trademarked, copyrighted or patented materials contained in the Service may violate certain laws and regulations.

You agree to indemnify and hold MK and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense)  MK or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this Service or the use of Service by any person using your account (including without limitation, Your Content (as defined below)) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.

Suspension

MK reserves the right to suspend or terminate Customer’s access to the Service with or without notice if MK reasonably determines that:
(a) there is a threat or attack on the Service (including a denial of service attack) or other event that may create a risk to the Service, MK, Customer, or any user of the Service;
(b) Customer’s or its users’ use of the Service or Customer Content disrupts or poses a security risk to the Service or any user of the Service, may harm MK’s systems, or may subject MK or any third party to liability;
(c) Customer or any User is using the Service for fraudulent or illegal activities;
(d) subject to applicable law, Customer has ceased to continue Customer’s business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of its assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding;
(e) Customer or any User is using the Service or other MK property in breach of this Agreement;
or (f) Customer is in default of its payment obligations hereunder (collectively, “Service Suspensions”). MK will make commercially reasonable efforts, circumstances permitting, to provide written notice of any Service Suspension to Customer, and to provide updates regarding resumption of Customer’s access to the Service following any Service Suspension.

Subscription terms

Customer agrees to pay the subscription fee applicable to Customers and its Users use of the Service. Such fees will be paid on a periodic basis as agreed to MK when you registered for the Service.

In case of non-payment for any reason (including, if applicable, MK’s inability to charge your credit card or other payment method for any reason) or any violation of these Terms, MK shall be entitled – without liability – to immediately suspend Customer’s and Users’ access to the Service. If you purchase your license to use the Service from MK, you hereby expressly agree that MK is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of the Service, or charge such fees to your credit card or other payment method designated on your initial registration with the MK at regular intervals for the remainder of the term of these Terms. If you cancel your account at any time, you will not receive any refund.

Customer agrees that Customer’s paid use of the Service is neither contingent on the delivery of any future functionality or features nor dependent on any oral or written public or private comments made by MK regarding future functionality or features.

Intellectual Property

Customer hereby acknowledges and agrees that, subject to the limited rights granted hereunder, MK (or its licensors) own all legal right, title and interest in and to the Service, including, without limitation, any Intellectual Property Rights or other proprietary rights which exist in the Service (whether such rights are registered or unregistered, and wherever in the world those rights may exist) (“Our Technology”). For purposes of these Terms, “Intellectual Property Rights” means, on a worldwide basis, any and all now known or hereafter known (a) rights associated with works of authorship including copyrights and moral rights, (b) trademark and trade name rights and similar rights, (c) trade secret rights, (d) patent rights and other industrial property rights, (e) intellectual and industrial property rights of every other kind and nature and however designated, whether arising by operation of law or otherwise, and (f) all registrations, applications, renewals, extensions, continuations, divisions, or reissues thereof now or hereafter existing, made, or in force (including any rights in any of the foregoing).

Our Technology may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Technology. Nothing in these Terms of Use grants you any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted through the Service according to these Terms. Furthermore, nothing in these Terms of Use will be deemed to grant, by implication, estoppel or otherwise, a license to Our Technology. Certain of the names, logos, and other materials displayed on the Service constitute trademarks, trade names, service marks or logos (“Marks”) of MK or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with and will inure to us or those other entities. To the extent indicated, any use of third party software provided in connection with the Service will be governed by such third parties’ licenses and not by these Terms of Service. Furthermore, any comments, ideas and/or reports about the Service that you provide to us, whether in written or electronic form (“Feedback”), shall be considered our proprietary and confidential information, and you hereby irrevocably transfer and assign to us all intellectual property rights embodied in or arising in connection with such Feedback, and any other rights or claims that you may have with respect to any such Feedback.

Ownership & Privacy

As between You and MK, you retain all right, title and interest in any and all data, files, attachments, text, images, personally identifiable information, and other content that You and Your Users upload or submit to the Service (collectively, “Your Content“). You may not upload, post or otherwise make available through the Service any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use any and all of Your Content. You represent and warrant that you have all rights, permissions and consents necessary (a) to make Your Content available on or through the Service, and (b) to grant MK the limited rights to use Your Content set forth in these Terms.

You agree that MK may use Your Content to provide the Service and its features, including by making it available for viewing, download and modification by other Users with access rights to Your Content. You hereby grant MK a non-exclusive, perpetual, royalty-free, worldwide license (including the right to sublicense through multiple tiers) to access, use, reproduce, distribute, store, transmit, publicly display, and publicly perform Your Content as required for the purpose of providing the Service to you.

You understand and agree that MK does not have the ability to grant or revoke any sharing permissions to Customer’s Google Drive files or other content and materials stored in Customer’s Google Drive account. MK shall not be responsible and shall have no liability for any damages that result from Your failure to grant or revoke such access.

You understand and agree that MK may, notwithstanding any provision of any separate nondisclosure agreement that may have been executed between You and MK, distribute and disclose Your Content (a) to your Users, and (b) to MK’s service providers who act on MK’s behalf in providing the Service. MK’s use of any personally identifiable information you provide through the Service is governed by our Privacy Policy. Your use of the Service indicates your acceptance of the terms of our Privacy Policy. You can review the most recent version of our Privacy Policy at :
https://sites.google.com/site/scriptsexamples/available-web-apps/privacy-policy.

You hereby consent that, if You choose to become a paying customer of the Service, MK may identify You as a MK customer (using Your name and logo) and generally describe the products or services it provides to You in its promotional materials, presentations, and proposals to other current and prospective customers.

Confidentiality & Data security

While Yet Another Mail Merge requests permission to access the full contents of users’ Gmail inbox, this is because the Apps Script development framework offers us no workable alternative of more limited scope. These access rights are required to allow actions performed by the end user, and in no case are the textual contents of users’ emails transmitted to any 3rd party services outside of the user’s direct control or knowledge.

All personally identifiable data that users may keep in files associated with this tool remains in the complete control of those users from a privacy perspective. Unless specifically stated, we store no personally identifiable information in any 3rd party database or file repository.

As of December 2017, we are storing in our database the email addresses of some of your recipients. Specifically, if one of those addresses bounced or if one of your recipients manually unsubscribed (if you added an unsubscribe link in your emails), we will record said address to warn you if we find it again among the recipients of a future campaign. You can manage both lists (unsubscriptions & bounces) in Yet Another Mail Merge web app.

Warranty Disclaimer

THE SERVICE IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. MK MAKES NO WARRANTY THAT (I) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (II) THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED (INCLUDING, WITHOUT LIMITATION, INTERRUPTIONS THAT OCCUR IN THE CONTEXT OF REGULARLY SCHEDULED MAINTENANCE); (III) ANY INFORMATION OR ADVICE OBTAINED BY YOU IN CONNECTION WITH THE SERVICE WILL BE ACCURATE OR COMPLETE; OR (IV) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO CUSTOMER.

Limitation of Liability

IN NO EVENT SHALL MK BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION), ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF MK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH MK RELATED TO ANY OF THE SERVICE SHALL BE TERMINATION OF SUCH SERVICE. IN NO EVENT SHALL MK’ ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS PARAGRAPH MAY NOT APPLY TO CUSTOMER.

Other Terms

These Terms, their interpretation, performance or any breach thereof, will be construed in accordance with, and all questions with respect thereto will be determined by, the laws of Austria. Both parties hereby irrevocably submit any disputes under these Terms to the jurisdiction of the courts located in Austria.