Terms & Conditions

These Terms & Conditions govern your use of the Edison Software (“Edison”) services and mobile applications, including OnMail email service, Edison Mail, and Edison Assistant (the “Mobile Software”), and the Edison.tech and onmail.com websites (“Site”) (collectively the “Service”). By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this Terms & Conditions Agreement (“Agreement”), whether or not you are a registered user of our Service.

We reserve the right to update this Agreement at any time. If we make any material changes to this Agreement, we will announce these changes on our Site and notify registered users via email. Your continued use of the Service after any such changes constitutes your acceptance of the new Agreement. If you do not agree to abide by these or any future Terms & Conditions, do not use or access the Service. If you are not a registered user, it is your responsibility to regularly check to determine if there have been changes to this Agreement and to review such changes. This Agreement applies to all visitors, users, and others who access the Service (“Users”).

1. Our Service

A. ELIGIBILITY

You may not use the Service if you are under 16 or if you have been previously removed from the Service.

B. ACCOUNT & REGISTRATION

You agree to (a) provide accurate, current and complete information when prompted by the Service ("Registration Data"); (b) maintain the security of your password and identification; (c) keep your Registration Data accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account. By connecting to the Edison Services with a third-party email service provider, you give us permission to access and use your information from that service and to store your log-in credentials for your account. You may never use another User’s account without permission. You must notify us immediately of any breach of security or unauthorized use of your account. Edison will not be liable for any losses caused by any unauthorized use of your account. You may control your User profile and how you interact with the Service by changing the settings in the mobile application. By providing the Edison Service with your email address, you consent to our using the email address to send you Service-related notices and receipts, including any notices required by law, in lieu of communication by postal mail. You also agree that we may send you notifications regarding activity on our Service to the email address you give us, in accordance with any applicable privacy settings.

C. SERVICES & FEES

While the standard Service is free for use, additional data charges may apply through your mobile service provider. Additional fees may also apply for use of the premium versions of the Services.

If there is a charge associated with a portion of the Services, you agree to pay that charge by accessing or using it.

The price stated for the Services associated with Edison’s apps may be denominated in your local currency by the Google Play Store or any other applicable app store through which you download the apps by Edison (each, an "App Store") on your device. Fees and charges are collected by the App Store on your device. You should consult with the appropriate App Store to determine if the price charged includes all applicable taxes and currency exchange settlements. You are solely responsible for paying such taxes or other charges. Edison relies on the Apple and Google App Stores to collect subscription fees and to report on the status of subscription accounts. Your access to our Services may be suspended or canceled if you do not make your payment on-time and/or in full.

Edison Services does not have the ability to manage any aspect of your subscription on your behalf, including, but not limited to, initiating, canceling or refunding subscriptions. For step-by-step info on how to manage subscriptions, including information on canceling subscriptions, visit the FAQ.

Fees for Edison’s OnMail premium version are provided and collected on the Site.

D. RULES

You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) transmitting spam, chain letters, or other unsolicited email; (iii) attempting to interfere with, compromise integrity or security, or decipher any transmissions to or from any aspect of the Service; (iv) taking any action that may impose, at our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (v) uploading invalid data, viruses, worms, or other software agents through the Service; (vi) collecting or harvesting any personally identifiable information, including account names, from the Service; (vii) using the Service for any unauthorized commercial solicitation purposes; (viii) impersonating another person, conducting fraud, or attempting to hide your identity; (x) modifying, recompiling, copying, or redistributing the Mobile Software; (xi) accessing any content on the Service through any means other than those authorized by Edison; (xii) bypassing our measures to prevent or restrict access to the Service, including features that prevent use or copying of any aspect of the Service or the content therein; or (xiv) using the Service in violation of applicable law, contractual commitments, or other legal duties. We may change, stop providing certain features of, or create usage limits for the Service without prior notice. We reserve the right to permanently or temporarily terminate or suspend access to the Service without notice and liability at any time. Upon termination for any reason, you continue to be bound by this Agreement. You are solely responsible for your interactions with other email users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Edison shall have no liability for your interactions with other Users, or for any other User’s action or inaction.

2. User Content

You are solely responsible for the content you send or receive through the Service ("User Content"). You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree it is not possible for Edison to “unsend” any emails, chat messages, or other User Content sent on your behalf, or to delete your User Content from another user’s account once that User Content has been sent. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Edison shall not be liable for any damages arising from User Content.

3. Licenses

Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, revocable license to use the Service for your personal, noncommercial use only and as permitted by the features of the Service. Edison reserves all rights not expressly granted herein in the Service and the Mail Content (as defined below). Edison may terminate this license at any time.

4. Our Proprietary Rights

Except for your User Content and User Content belonging to other Users (the "Mail Content"), Edison and its licensors retain exclusive ownership and control over the Service and all materials therein, including software, images, text, and graphics. Use of the Mail Content for any purpose not expressly permitted by this Agreement is strictly prohibited. Except for the limited license granted to you, we retain all rights, title, and interests (including all Intellectual Property rights) in the Mobile Software. If you choose to submit any comments or ideas about the Service (“Feedback”), you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Edison under any fiduciary or other obligation, and that we are free to use or disclose the Feedback without any additional compensation. You further acknowledge that, by acceptance of your submission, Edison does not waive any rights to use similar or related ideas previously known to Edison or obtained elsewhere.

5. Privacy

We care about the privacy of our Users. Click here to view our Privacy Policy. By using the Service, you are consenting to have your User Content processed as described in our Privacy Policy and in these Terms.

6. Third Party Services

The Service may contain links to third-party websites, apps, services or offers that are not owned or controlled by Edison. Edison does not endorse or assume any responsibility for any such third-party content, products, or services. If you access a third party service from the Service, you do so at your own risk, and you understand that this Agreement and Edison’s Privacy Policy do not apply to your use of those services.

7. Indemnity

You agree to defend, indemnify and hold harmless Edison, affiliated companies, and their employees from and against any and all claims arising from your use of and access to the Service, including any violation of this Agreement.

8. No Warranty

The service is provided on an "as is" and "as available" basis. Use of the service is at your own risk. To the maximum extent permitted by applicable law, the service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

9. Limitations of Liability

To the maximum extent permitted by applicable law, in no event shall Edison, its affiliates, or their employees be liable for any damages that result from the use of, or inability to use, this Service. Under no circumstances will Edison be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service, your account, or the information contained therein, and in no event will Edison’s total cumulative liability under this agreement exceed $1,000.

The Service is controlled and operated from its facilities in the United States. Edison makes no representations that the Service is appropriate for use in locations other than United States. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.

10. General

A. GOVERNING LAW

You agree that the Service shall be deemed solely based in and governed by the laws of the State of California, and that the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Edison in jurisdictions other than California. Any claim or dispute between you and Edison that arises from the Service shall be decided exclusively by a court of competent jurisdiction located in Santa Clara County, California, unless submitted to arbitration as described below.

For users in Brazil: Except for this provision, Section 10-A of these Terms and Conditions shall not apply to users in Brazil. For such users, the governing law and venue of Your country of residence shall apply.

B. ARBITRATION

For any claim under this Agreement where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

C. ENTIRE AGREEMENT/SEVERABILITY

This Agreement, together with any amendments and any additional agreements you may enter into with Edison in connection with the Service, shall constitute the entire agreement between you and Edison concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

D. NO WAIVER

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Edison's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

E. AMENDMENTS

Edison may change the Terms from time to time, at its sole discretion and without any notice, including the Privacy Policy. Substantial changes of these Terms will be first notified on the Service regarding such changes or to the email address that is registered under your Account. Such substantial changes will take effect seven (7) days after such notice was provided. Otherwise, all other changes to these Terms are effective as of twenty-one (21) days after the date stated as “Last Updated,” and your continued use of the Service after the Last Updated date will constitute acceptance of, and agreement to be bound by, those changes.

F. CONTACT

Please contact us with any questions you may have regarding this Agreement at mailsupport@edison.tech or at:

Edison Software
555 Clyde Avenue, Suite 100
Mountain View, CA 94043