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Terms of Service
Last Updated: June 11, 2025
These Terms of Service ("Terms") govern your access to and use of the MailMoxie software-as-a-service platform, including any associated websites, applications, AI models, and services (collectively, the "Service") provided by Krillium LLC ("Krillium," "we," "us," or "our").
By creating an account, accessing, or using the Service, or by clicking "I Agree" (or similar consent mechanism), you, on behalf of the entity you represent ("Customer" or "you"), agree to be bound by these Terms. If you do not agree to these Terms, do not access or use the Service. If you are agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you have the authority to bind that entity to these Terms.
1. Description of Service
Krillium provides an AI-powered platform designed to perform automated quality assurance (QA) testing on email code. Customers can upload their email code ("User Content") to a private, team-based account associated with their organization. The Service utilizes artificial intelligence algorithms to analyze the User Content and generate reports outlining potential issues or findings ("Reports"). The Service is accessed remotely via the internet.
2. Accounts
- Registration: To access the Service, Customer must register for an account. Customer agrees to provide accurate, current, and complete information during registration and to keep this information updated.
- Team Accounts: The Service is designed for team usage. The Customer (the entity) is responsible for managing access for its authorized employees, contractors, or agents ("Authorized Users").
- Security: Customer is responsible for maintaining the confidentiality of its account credentials (usernames, passwords) and for all activities that occur under its account, whether or not authorized by Customer. Customer must immediately notify MailMoxie of any suspected unauthorized use of its account or any other breach of security. MailMoxie will not be liable for any loss or damage arising from Customer's failure to comply with these security obligations.
- User Conduct: Customer is responsible for the actions of its Authorized Users and their compliance with these Terms.
3. Use of the Service
License Grant
Subject to Customer's compliance with these Terms and payment of applicable fees (if any), MailMoxie grants Customer a limited, non-exclusive, non-transferable, non-sublicensable, revocable right during the term of the subscription to access and use the Service solely for Customer's internal business purposes related to QA testing of its email code.
Acceptable Use
Customer agrees not to (and not to permit its Authorized Users or any third party to):
- Use the Service for any illegal, harmful, fraudulent, infringing, or offensive purposes.
- Upload, transmit, or store any User Content that is unlawful, defamatory, obscene, infringing, or otherwise objectionable, or that violates any third-party rights, including privacy and intellectual property rights.
- Interfere with or disrupt the integrity or performance of the Service or the data contained therein.
- Attempt to gain unauthorized access to the Service, its related systems, or networks.
- Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Service or any software, documentation, or data related to the Service (except to the extent such restrictions are prohibited by applicable law).
- Modify, translate, or create derivative works based on the Service.
- Use the Service to develop a competing product or service.
- Use any automated means (e.g., spiders, robots, scrapers) to access the Service for any purpose other than as expressly permitted for the intended functionality.
- Remove, alter, or obscure any proprietary notices or labels on the Service.
Misuse
Customer acknowledges that it is solely responsible for how it and its Authorized Users use the Service and the Reports generated. Krillium shall not be liable for any damages, losses, or liabilities arising out of or related to Customer's or its Authorized Users' misuse of the Service or Reports, including any decisions made or actions taken based on the Reports.
4. Intellectual Property Rights
User Content
As between Customer and Krillium, Customer retains all right, title, and interest in and to the User Content uploaded to the Service. Customer grants Krillium a worldwide, non-exclusive, royalty-free, fully paid-up license to host, store, process, analyze, transmit, and display User Content solely as necessary for Krillium to provide, maintain, and improve the Service in accordance with these Terms and Krillium's Privacy Policy. This license includes the right for the Service's AI models to process the User Content to generate Reports for the Customer. This license terminates upon the termination of Customer's account, subject to Krillium's data retention policies.
Krillium Service & IP
Krillium retains all right, title, and interest in and to the Service, including its underlying software, AI models (and any improvements thereto derived from aggregated, anonymized data not identifiable to any specific customer or User Content), documentation, visual interfaces, graphics, design, compilation, aggregate data, Reports (in terms of format and structure, but not the underlying substance derived directly from specific User Content), and all other elements of the Service, including all related intellectual property rights. No rights are granted to Customer hereunder other than as expressly set forth herein.
Feedback
If Customer provides any suggestions, ideas, enhancement requests, feedback, or recommendations ("Feedback") regarding the Service, Krillium shall have a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate such Feedback into the Service or any other Krillium products or services without obligation or compensation to Customer.
5. Confidentiality
Definition
"Confidential Information" means all non-public information disclosed by one party ("Disclosing Party") to the other party ("Receiving Party"), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Customer's Confidential Information includes, without limitation, the User Content uploaded to the Service. Krillium's Confidential Information includes, without limitation, the non-public aspects of the Service, its underlying technology, performance information, and the terms of any subscription agreement. Confidential Information does not include information that: (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party; (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party; (iii) is received from a third party without breach of any obligation owed to the Disclosing Party; or (iv) was independently developed by the Receiving Party without use of or reference to the Disclosing Party's Confidential Information.
Obligations
The Receiving Party agrees to: (i) use the Disclosing Party's Confidential Information solely to exercise its rights and fulfill its obligations under these Terms (specifically, Krillium will use Customer's Confidential Information, including User Content, solely to provide the Service to Customer); (ii) take reasonable precautions (at least as protective as those it uses for its own similar confidential information) to protect such Confidential Information; and (iii) not disclose such Confidential Information to any third party, except to its employees, contractors, and agents who need to know such information for purposes consistent with these Terms and who are bound by confidentiality obligations at least as protective as those herein. Krillium specifically agrees not to share Customer's User Content or Reports derived directly from it with any third party or any other Krillium customer.
Compelled Disclosure
The Receiving Party may disclose Confidential Information of the Disclosing Party if it is compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party's cost, if the Disclosing Party wishes to contest the disclosure.
6. Data Privacy
Krillium's collection and use of personal information (such as Authorized User names and email addresses provided during account registration) is governed by the Krillium Privacy Policy, available at https://krilliumqa.com/privacy. Customer agrees to the terms of the Privacy Policy. Customer is responsible for ensuring that its use of the Service and its instructions to Krillium comply with all applicable data protection laws.
7. Fees and Payment
Subscription Fees
Customer agrees to pay all fees specified in the applicable ordering document or subscription plan ("Fees"). Fees are based on the services purchased and not actual usage.
Payment Terms
Fees are typically payable in advance, are non-cancelable and non-refundable except as expressly stated in these Terms. Payment obligations are non-cancelable.
Taxes
Fees do not include any taxes, levies, duties, or similar governmental assessments of any nature (collectively, "Taxes"). Customer is responsible for paying all Taxes associated with its purchases hereunder.
Renewal
Unless otherwise specified, subscriptions will automatically renew for additional periods equal to the expiring subscription term, unless either party gives the other notice of non-renewal before the end of the relevant subscription term.
8. Term and Termination
Term
These Terms commence on the date Customer first accepts them and continue until Customer's subscription expires or is terminated.
Termination for Cause
Either party may terminate these Terms for cause: (i) upon 30 days written notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (ii) immediately if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation, or assignment for the benefit of creditors.
Termination for Convenience
Customer may terminate its account and these Terms at any time by contacting support@krilliumqa.com. Krillium may terminate Customer's account and these Terms for convenience with at least 30 days prior written notice.
Effect of Termination
Upon termination or expiration: (i) all rights granted to Customer under these Terms will cease; (ii) Customer must cease all use of the Service; (iii) Customer must pay any unpaid fees owed. Krillium will make User Content available for export or download for a period of 30 days after termination, after which Krillium may delete all User Content from its systems in accordance with its data retention policies. Sections 4 (Intellectual Property Rights), 5 (Confidentiality), 7 (Fees and Payment - for amounts due), 8 (Effect of Termination), 9 (Disclaimers), 10 (Limitation of Liability), 11 (Indemnification), 13 (Governing Law and Dispute Resolution), and 14 (General Provisions) shall survive termination.
9. Disclaimers
THE SERVICE, INCLUDING THE AI ANALYSIS AND REPORTS, IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. KRILLIUM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND RELIABILITY.
KRILLIUM DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. CUSTOMER ACKNOWLEDGES THAT AI MODELS ARE PROBABILISTIC AND MAY PRODUCE INACCURATE OR INCOMPLETE RESULTS. THE REPORTS ARE INTENDED FOR INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE A GUARANTEE THAT EMAIL CODE IS ERROR-FREE OR COMPLIANT WITH ANY STANDARDS. CUSTOMER IS SOLELY RESPONSIBLE FOR REVIEWING, VALIDATING, AND TESTING ITS EMAIL CODE AND FOR ANY RELIANCE PLACED ON THE REPORTS GENERATED BY THE SERVICE.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KRILLIUM LLC, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR:
- ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF KRILLIUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OR INABILITY TO USE THE SERVICE;
- ANY DAMAGES, LOSSES, OR LIABILITIES IN EXCESS OF THE TOTAL FEES PAID BY CUSTOMER TO KRILLIUM FOR THE SERVICE DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.
THE LIMITATIONS SET FORTH IN THIS SECTION 10 WILL NOT LIMIT OR EXCLUDE LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, FRAUD, OR DEATH OR PERSONAL INJURY CAUSED BY KRILLIUM'S NEGLIGENCE, OR FOR ANY OTHER MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. KRILLIUM SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM CUSTOMER'S MISUSE OF THE SERVICE OR FAILURE TO SECURE ITS ACCOUNT CREDENTIALS.
11. Indemnification
Customer agrees to defend, indemnify, and hold harmless Krillium LLC, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Customer's use of and access to the Service; (ii) Customer's violation of any term of these Terms; (iii) Customer's violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that Customer's User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and Customer's use of the Service.
12. Modifications
Krillium reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days notice prior to any new terms taking effect (e.g., via email to the address associated with your account or through an in-app notification). What constitutes a material change will be determined at our sole discretion. By continuing to access or use the Service after those revisions become effective, Customer agrees to be bound by the revised terms. Krillium also reserves the right to modify, suspend, or discontinue the Service (or any part thereof) with or without notice.
13. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, USA, without regard to its conflict of law principles. Any legal suit, action, or proceeding arising out of or related to these Terms or the Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of Colorado located in Colorado. Both parties irrevocably submit to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.
14. General Provisions
Entire Agreement
These Terms, together with the Privacy Policy and any applicable ordering documents, constitute the entire agreement between Customer and Krillium regarding the Service and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral.
Severability
If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms will remain in effect.
Assignment
Customer may not assign any of its rights or delegate its obligations under these Terms, whether by operation of law or otherwise, without the prior written consent of Krillium. Krillium may assign these Terms in their entirety, without consent of Customer, in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.
No Waiver
No failure or delay by either party in exercising any right under these Terms will constitute a waiver of that right.
Relationship of the Parties
The parties are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties.
Notices
All notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. Notices to Krillium should be sent to Krillium LLC 2770 Arapahoe Road Suite 132-696 Lafayette, CO 80026 and support@krilliumqa.com. Notices to Customer will be sent to the email address associated with Customer's account.
Contact Information
If you have any questions about these Terms, please contact Krillium at support@mailmoxie.com.
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