End-user license agreement (EULA)

This license agreement ("EULA") is entered into between Antonio Maraucci (the "Licensor") and the user (the "Licensee") and governs the use of theMailamber applications for Windows and for Android (the "Software"). By installing or using the Software you accept this EULA. The Android app is distributed through Google Play; in case of conflict between this EULA and the Google Play terms, the latter prevail for distribution matters only.

1. License grant

The Licensor grants the Licensee a personal, non-exclusive, non-transferable and revocable license to install and run the Software on Windows and Android devices owned or controlled by the Licensee, within the device limit of the subscribed plan (1 for Free, 2 for Plus, 5 for Premium, extendable with the Extra devices add-on on Premium).

2. Intellectual property

The Software is licensed, not sold. All intellectual property rights in the Software, the Mailamber trademark and related materials remain the exclusive property of the Licensor. The Software is distributed under a proprietary license.

3. Restrictions

The Licensee may not:

• copy, modify, translate or create derivative works of the Software;
• decompile, disassemble or reverse engineer the Software, except to the extent mandatorily permitted by law;
• rent, sublicense, distribute or resell the Software;
• remove or alter copyright notices, trademarks or licensing mechanisms;
• remove, disable or circumvent the technical protection, licence verification or integrity measures of the Software;
• alter the Software, or use altered copies of it, to unlock paid features without a valid subscription or to exceed the limits of the plan;
• distribute modified versions of the Software or tools intended for such purposes;
• use the Software in violation of applicable law.

This is without prejudice to the mandatory rights of the lawful Licensee under Articles 64-ter and 64-quater of Italian Law 633/1941 (Directive 2009/24/EC): to observe, study or test the functioning of the Software in order to determine the ideas and principles underlying it, while performing the acts it is entitled to perform, and to decompile the parts strictly necessary to achieve interoperability with other programs, under the conditions and within the limits of the law, where the necessary information is not already readily available. Information so obtained may not be used for purposes other than interoperability, given to others except when necessary, or used to develop or market a program substantially similar in its expression.

4. User data

The Software operates on a local-first architecture: for all core functions, the Licensee's emails, credentials and access tokens remain on the device and are not transmitted to the Licensor. The one exception, at the Licensee's free choice, is the optional artificial intelligence assistant included in some plans: when invoked, only the text the Licensee submits is transmitted to the Licensor and to the AI model providers (the list, which may include multiple providers, is in theprivacy policy, section 10) and may be temporarily retained in their logs. No AI feature is mandatory. Likewise, the optional sent email tracking feature, if enabled by the Licensee, transmits to the Licensor only the open data and, with the Tracking Pro add-on, the click data on tracked links described in the privacy policy, section 10-ter. No AI or tracking feature is mandatory. In addition, within the limits described in the privacy policy: settings synchronisation across the Licensee's devices (rules, templates, signatures, sender lists and preferences — never email content or credentials) transmits those settings to the Licensor's servers, which store them encrypted, and can be turned off (section 10-quinquies); theattachment reputation check, if enabled, transmits only the SHA-256 fingerprint of attachments (section 10-quater);diagnostics, if enabled, transmit only technical error data. The processing of account data is described in theprivacy policy.

5. Updates

The Licensor may distribute updates, fixes and new features. Certain features may be reserved for specific plans or require an active account for license verification.

6. Preview or test versions

Any preview or test versions of the Software, if ever distributed and marked as such, are provided "as is", for evaluation purposes, and may contain defects. The Licensor does not warrant that such versions are error-free or suitable for production use.

7. Disclaimer of warranties

To the maximum extent permitted by law, the Software is provided "as is" and "as available", without warranties of any kind, express or implied, including warranties of merchantability and fitness for a particular purpose. Mandatory statutory warranties in favor of consumers remain unaffected.

8. Limitation of liability

To the extent permitted by law, the Licensor shall not be liable for indirect, incidental or consequential damages arising from the use of or inability to use the Software. Aggregate liability is limited to the amount paid for the license in the preceding 12 months.

9. Termination

This EULA is effective until terminated. The Licensor may terminate it in case of breach of its conditions. Circumventing the protection measures or using tampered copies of the Software is a serious breach and allows the Licensor to suspend or terminate the licence and the account, with reasoned notice where possible, without prejudice to compensation for damage and to any refunds due by law. Upon termination, the Licensee must stop using the Software and uninstall it. Sections 2, 7, 8 and 10 survive termination.

10. Governing law

This EULA is governed by Italian law, without prejudice to any more favourable mandatory rules of the consumer's country of habitual residence. For consumers, the competent court is that of their place of residence or domicile.