End User License Agreement

DELIVR.TO LTD (henceforth referred to as ‘delivr.to’) provides licensed access to its platforms and associated content, solely for lawful and ethical security testing and research purposes. Users signing up to any subscription tier, inclusive of free trials, acknowledge that delivr.to holds no liability for damages caused by use of delivr.to.

Acceptance

Regardless of subscription and trial status, you accept and agree to adhere to the terms of this agreement should you sign up to delivr.to. If entering into this agreement on behalf of a company or other legal entity, you assert that you have the authority with which to accept this agreement on their behalf.

Usage Restrictions

delivr.to reserves its right to introduce, or modify, subscription fees for any subscription tier of the delivr.to offering, including increased fees for new licenses, renewals and for monthly charges. You understand that delivr.to may modify or discontinue the platform offering at any time. This Agreement does not give you any rights not expressly and unambiguously granted herein. You shall not, nor otherwise enable others to, directly or indirectly: (i) copy, modify, and/or redistribute delivr.to’s services or content, inclusive of its payload content, as part of an independent or rebranded offering; (ii) leverage delivr.to’s software and services as part of a professional service, consulting arrangement, or any other commercial purpose, without explicit written pre-agreement with delivr.to (and exclusively for Enterprise subscription users); (iii) rent, lease, or otherwise make available, use of the delivr.to platform for timesharing or shared usage purposes; (iv) develop any derivative works or sublicense any element of the delivr.to platform and content. You shall maintain, and in no way, attempt to remove, modify or obscure any proprietary notices or delivr.to branding, inclusive but not limited to payload content and all email materials.

Licensing

delivr.to hereby grants the user (Licensee), exclusively for the period of subscription (License Term), a non-transferable license to use delivr.to, solely for ethical and fully-authorised security testing purposes. The Licensee will, at all times, ensure that the maximum count of authorised users is not exceeded, and the bounds of the relevant subscription tier are not knowingly exceeded or otherwise subverted in any way, including but not limited to Validated Mailboxes, Integrations, Email Quotas and Team Members.

Termination of Premium or Enterprise tier subscriptions will result in users retaining read-only access to the delivr.to platform (and all user data held therein) for a guaranteed period of 90 days. Users may access historical data, until such a time as they initiate the account deletion process in the platform, except in instances where a Dedicated Tenant deployment has been provisioned. In such cases, this data will be destroyed 30 days after the cessation of the Enterprise License.

License Trials

With the express permission of delivr.to, a trial of delivr.to’s Premium or Enterprise subscriptions may be made available to a user. The commencement and duration of the trial remains exclusively at delivr.to’s discretion, and may be terminated or otherwise modified at any time and for any reason. With suitable justification, users may request a trial to be extended, the acceptance of such requests remains entirely at delivr.to’s discretion. Support, updates, or any other paid Licensee privilege is not guaranteed for trial users.

Technical Support

delivr.to offers email support for the platform and its services during the License Term only. delivr.to shall not be obligated to support third-party products, integrations or any dependencies used by or with the platform.

Warranties Disclaimer and Limitations of Liability

The platform and content therein is provided “as is” and, unless otherwise explicitly agreed to in writing by delivr.to, delivr.to makes no other warranties, express or implied, in fact or in law, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose other than as set forth in this agreement or in the limited warranty documents provided with the service.

delivr.to makes no warranty that the platform will meet your requirements or operate under your specific conditions of use. delivr.to makes no warranty that operation of the platform and consumption of delivr.to’s services will be secure, error free, or free from interruption. You must determine whether delivr.to’s platform and services sufficiently meet your requirements for security and uninterruptability. You bear sole responsibility and all liability for any loss incurred due to failure of the platform and services to meet your requirements. delivr.to will not, under any circumstances, be responsible or liable for the loss of data on any computer or information storage device.

Under no circumstances shall delivr.to, or its directors, officers, employees or agents be liable to you or any other party for indirect, consequential, special, incidental, punitive, or exemplary damages of any kind (including lost revenues or profits or loss of business) resulting from this agreement, or from the furnishing, performance, installation, or use of the delivr.to platform or services, whether due to a breach of contract, breach of warranty, or tort (including negligence) of you or any other party, even if delivr.to is advised beforehand of the possibility of such damages, and any damages relating to the platform and services shall be limited to the amount paid and payable for the licenses in the previous twelve month period. To the extent that the applicable jurisdiction limits delivr.to’s ability to disclaim any implied warranties, this disclaimer shall be effective to the maximum extent permitted. Nothing in this section shall be construed to limit delivr.to’s liability for direct damages resulting from misappropriation or infringement of intellectual property rights.

Severability

If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.

Termination

Licenses subject to this Agreement will be forfeited if you fail to comply with any of the terms of this Agreement or are in breach of this Agreement. You may terminate this Agreement at any time, with or without cause, upon thirty (30) days’ written notice to delivr.to, provided however, that except for material breach of this Agreement by delivr.to, no refunds of fees shall be permitted.

Miscellaneous

This agreement does not create or imply any relationship in agency or partnership between you and delivr.to.

This Agreement and the terms and conditions contained in this Agreement apply and are binding upon your successors and assignees.

We reserve the right to modify this Agreement at any time by providing such revised Agreement to you or by publishing the revised Agreement. Your continued use of delivr.to’s platform and services shall constitute your acceptance to be bound by the terms and conditions of the revised Agreement.

The failure of you or delivr.to to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision. In the event that any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force and effect.