

Pigeon - Terms of Service
Introduction
Thank
you for your interest in Pigeon mail. We invite you to access our websites and use our Service
(as
defined below), but please note that your invitation is subject to your review and agreement with
certain terms and conditions. These terms and conditions are set forth in this document, and in
certain other policies, guidelines and other terms or conditions that may be presented to you from
time to time at other locations in our web sites in connection with specific Service offerings
(all
of which may be updated from time to time and are collectively referred to as our “Terms
of Service”). You need not accept this requirement to agree to our Terms of Service, but if
you reject our Terms of Service you do not have any right to access or use our Service. If you do
access our web site and use our Service, your use shall be deemed to accept the Terms of Service
and be a party to a legally binding contract with Pigeon, Inc. Palo Alto, California, (“Pigeon”,
“we”,
and sometimes “us”).
You
may wish to save a copy of these Terms of Service for your records. In any event, be sure to
regularly check these Terms of Service for any updates or other changes, which shall be legally
binding upon you when we post them, whether or not we provide you any other notice of such changes.
The then-applicable Terms of Service will be posted at pigeonmailapp.com/tos,
and we will indicate the effective date of each update at the bottom of the Terms of Service. Your
continued use of the Service after any update will be deemed to represent your consent to be bound
by, and agreement with, the new Terms of Service.
You
acknowledge and expressly understand and agree that Pigeon Inc. has rechristened the name of the
application and the associated services from Pigeon. The Terms of Service that were applicable to
the users of Pigeon Service shall apply mutatis mutandis to the users of Pigeon hereinafter.
Who
May Use the Services
You
may use the Services only if you agree to form a binding contract with Pigeon and are not a person
barred from receiving services under the laws of the applicable jurisdiction. In any case, you must
be at least 16 years old to use the Services. If you are accepting these Terms and using the
Services on behalf of a company, organization, government, or other legal entity, you represent and
warrant that you are authorized to do so.
Privacy
Our
Privacy Policy (https://pigeonmailapp.com/privacypolicy)
describes how we handle the information you provide to us when you use our Services. You understand
that through your use of the Services you consent to the collection and use (as
set forth in the Privacy Policy) of this information.
Pigeon
Service or Pigeon description
Pigeon
consists of products, computer programs, widgets, browser extensions, mobile applications,
Software, services and web sites hosted or made available by Pigeon, which you may use for adding
your cloud accounts and in turn search to locate a document, now known or hereafter developed
(collectively,
the “ Pigeon Service” or “Pigeon”).
Use
of Pigeon or Pigeon Service
Subject
to the terms and conditions within, these Terms of Service, Pigeon grants you a limited,
non-exclusive license to utilize Pigeon or Pigeon Service so long as (i)
you are of legal age to form a binding contract and (ii)
you are not barred from receiving Pigeon under the laws of the United States. In order to access
and/or use Pigeon , you may be required to provide current, accurate, identification, contact and
other information as part of the registration process and/or continued use of Pigeon, and you will
be responsible for maintaining the accuracy and completeness of such information. You may also be
provided with an account, username and password to access or use Pigeon (the
“Account
Information”). You are responsible for maintaining the confidentiality of your Account
Information and, accordingly, will be fully responsible for all activities that occur under your
account, including activities of others to whom you have provided your Account Information. You
agree to immediately notify Pigeon of any unauthorized use of your Account Information, account or
any other breach of security. We will not be liable for any loss or damage arising from your
failure to provide us with accurate information or to keep your Account Information secure.
You
are solely responsible for obtaining the equipment and telecommunication services necessary to
access Pigeon, and all fees associated therewith (such
as computing devices and Internet Service Provider and airtime charges).
Fair
Usage Policy
Pigeon’s
fair usage policy (“FUP”)
is designed to prevent fraud and abuse of our products. Under Pigeon's FUP, the maximum number of
devices that you can use with a single Pigeon account is limited to 4. The maximum number of email
accounts per Pigeon account is limited to 7.
Member
conduct
You
acknowledge and agree that all data, in whatever form and technical structure, stored using Pigeon
(“Content”),
are the sole responsibility of the person(s) creating such Content and introducing such Content
into Pigeon. We reserve the right, but shall have no obligation, to pre-screen, reject, review,
quarantine, delete or move any Content available with Pigeon , without obligation to any person.
You
agree that you are responsible for your own conduct and all conduct under your account, and all
Content that is stored by anyone using your Account Information with Pigeon and for any
consequences arising as a result thereof. You agree to use the Service only for purposes that are
legal, proper and in accordance with these Terms of Service and all applicable laws and regulations
in the relevant legal jurisdictions (including,
without limitation, laws and regulations relating to the copyright laws, privacy laws and the
storage and transmission of data and technology). Without limiting the foregoing, you shall be
deemed to represent and warrant to Pigeon that you have the unfettered legal rights and authority
to permit you to add your Content to Pigeon in connection with your use of Pigeon , and such
submission and the grant to Pigeo of the rights you grant herein in connection with Pigeon’s
offering and operation of Pigeon does not infringe the rights of any person or third party.
You
further agree to NOT:
- use our products or Pigeon for illegal purposes or for promotion of dangerous activities;
- impersonate any person or entity, including, but not limited to, a Pigeon staff member, or falsely state or otherwise misrepresent your affiliation with Pigeon or any other person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through Pigeon ;
- store any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- store any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- store any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt Pigeon or servers or networks connected to Pigeon , or disobey any requirements, procedures, policies or regulations of networks connected or applicable to Pigeon ;
- violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- collect or store personal data about other users for commercial purposes;
- allow usage by others in such a way as to violate these Terms of Service;
- engage in commercial activities within Pigeon or on behalf of Pigeon without prior approval;
- solicit passwords or personal identifying information for unintended, commercial or unlawful purposes from other users;
- exceed the scope of usage of Pigeon that you have signed up for, for example, accessing and using features that you do not have a right to use or deleting, adding to or otherwise changing another person’s entries or other content when you have not been granted the right to do so;
- access (or attempt to access) any of functionality of Pigeon by any means other than through the interface that is provided by Pigeon (unless you have been specifically allowed to do so in a Separate Agreement), or access (or attempt to access) any of functionality of Pigeon through any automated means (including use of scripts, web crawlers or the like) or otherwise engage Pigeon in a manner reasonably likely to be harmful to the systems operating Pigeon or the access or use of Pigeon by others; and/or;
- reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, Pigeon (unless you have been specifically allowed to do so in a Separate Agreement); and
- take any action that would be in violation of Pigeon’s Trademark Brand Guidelines and Usage Requirements
Privacy
Policy
Our
Privacy Policy is published at https://pigeonmailapp.com/privacypolicy.
By using Pigeon, you acknowledge, accept and agree with all provisions of the Privacy Policy,
including, without limitation, the use of your Account Information and your Content in accordance
with such Privacy Policy.
Proprietary
rights, licenses and limitations
Pigeon
acknowledges and agrees that it obtains no right, title or interest from you (or
your licensors) under these Terms of Service in or to any Content that you store in Pigeon,
including any intellectual property rights which subsist in that Content (whether
those rights happen to be registered or not, and wherever in the world those rights may exist). You
agree that you are solely responsible for protecting and enforcing those rights and that Pigeon has
no obligation to do so on your behalf.
Pigeon
hereby grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to
use the Software provided to you by Pigeon as part of Pigeon as provided to you by Pigeon, for the
sole purpose of enabling you to use and enjoy the benefit of Pigeon as permitted by these Terms of
Service, until your rights are terminated in accordance with these Terms of Service.
Service
components
We
retain the right, at our sole discretion, to implement limits to the nature or size of storage
available to you, the number of searches, the number of cloud accounts you can add, the number of
previews you can make, the number of actions you can take on a search result, the nature or size of
any index or library information, the nature of, or your continued ability to access your Content
and other data, and impose other limitations at any time, with or without notice. You acknowledge
that a variety of Pigeon actions may impair or prevent you from accessing your Content or using
Pigeon at certain times and/or in the same way, for limited periods or permanently, and agree that
Pigeon has no responsibility or liability as a result of any such actions or results, including,
without limitation, for the deletion of, or failure to make available to you, any Content.
Pigeon
may from time to time engage certain affiliates or other third parties to provide all or part of
services to be provided through Pigeon to you, and you hereby acknowledge and agree that such third
party involvement is acceptable. You understand that Pigeon, in performing the required technical
steps to provide the services through Pigeon to our users, may make such changes to your Content as
are necessary to conform and adapt that Content to the technical requirements of connecting
networks, devices, services or media.
Pigeon
may from time to time include as part of the service computer software supplied by third parties,
which is utilized by permission of the respective licensors and/or copyright holders on the terms
provided by such parties. Pigeon expressly disclaims any warranty or other assurance to you
regarding such third party software.
Termination
You
may discontinue your use of Pigeon at any time, for any or no reason and with or without notice.
Pigeon may also terminate the service, or your access to or use of Pigeon or your account, with or
without notice. Reasons for Pigeon terminating your account or service provided through Pigeon
include, without limitation:
- breach or violation of these Terms of Service or any Separate Agreement,
- your request or self-effecting account deletion,
- an extended period of inactivity (determined in Pigeon’s sole discretion),
- your non-payment of any fees or other sums due Pigeon or any other party related to your use of Pigeon,
- requests by law enforcement or other government agencies, or
- unexpected technical or security issues or problems. In the event of any termination, we will close your account and you will no longer be able to retrieve Content contained in that account or otherwise use Pigeon.
Links
We
may include the use of third party resources and/or links to third party websites as part of the
service through Pigeon. We have no control over such sites and resources and, accordingly, you
acknowledge and agree that
- we are not responsible for the availability of such external sites or resources;
- we do not endorse and are not responsible or liable for any content or other materials available from such sites or resources and
- we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content or materials available on or through any such site or resource.
Indemnity
You
agree to indemnify and hold Pigeon, its subsidiaries, affiliates, officers, agents, employees,
advertisers and partners harmless from and against any and all claims, liabilities, damages
(actual
and consequential), losses and expenses (including
legal and other professional fees) arising from or in any way related to any third party claims
relating to your use of any of the service through Pigeon, any violation of these Terms of Service
or any other actions connected with your use of Pigeon (including
all actions taken under your account) or any claims or losses incurred by us in relation to the use
or possession of the content or material provided by you pursuant to this Agreement. In the event
of such claim, we will provide notice of the claim, suit or action to the contact information we
have for the account, provided that any failure to deliver such notice to you shall not eliminate
or reduce your indemnification obligation hereunder.
Disclaimer
of warranties
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF PIGEON IS AT YOUR SOLE RISK. PIGEON IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PIGEON EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- PIGEON DOES NOT WARRANT THAT (i) PIGEON WILL MEET ALL OF YOUR REQUIREMENTS; (ii) PIGEON WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF PIGEON IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PIGEON OR THROUGH OR FROM PIGEON SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
Limitation
of liability
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT PIGEON, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS, AND THEIR
RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, GOODWILL, USE, DATA, COVER OR OTHER INTANGIBLE LOSSES (EVEN
IF PIGEON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i)
THE USE OR THE INABILITY TO USE PIGEON; (ii)
THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THESE TERMS OF SERVICE;
(iii)
UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR CONTENT: (iv)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING PIGEON; (v)
PIGEON’S ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT INFORMATION AND ANY CHANGES
THERETO OR NOTICES RECEIVED THEREFROM; (vi)
YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT
INFORMATION; OR (vii)
THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING PIGEON.
Exclusions
and limitations
NOTHING
IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH
MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY
NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
Notices
You
agree that we may provide you with notices hereunder by email, regular mail, app notifications or
postings on the web site(s) related to the affected portion of PIGEON, in our discretion, and that
we may rely upon the contact information you have provided as being accurate, complete and current.
Except
where these Terms of Service specifically provide for use of a different means or address for
notice, any notice hereunder to Pigeon must be delivered by email to support@pigeonmailapp.com.
This email address may be updated as part of any update to these Terms of Service.
General
terms
- These Terms of Service constitute the entire agreement between you and Pigeon and governs your use of Pigeon, except, and then only to the extent that you have entered into a Separate Agreement. These Terms of Service, as in effect from time to time, supersedes any prior agreements or earlier versions of these Terms of Service between you and Pigeon for the use of Pigeon. If, through accessing or using Pigeon, you utilize or obtain any product or service from a third party, you may additionally be subject to such third party’s terms and conditions applicable thereto, and these Terms of Service shall not affect your legal relationship with such third party.
- You acknowledge and agree that each affiliate of Pigeon shall be a third party beneficiary to these Terms of Service and that such other companies shall be entitled to directly enforce, and rely upon, any provision of these Terms of Service which confers a benefit on (or provides rights in favor of) them. Other than this, no other person or company shall be a third party beneficiary to these Terms of Service.
- These Terms of Service and the relationship between you and Pigeon shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Pigeon agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California. Notwithstanding this, you agree that Pigeon shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any applicable jurisdiction.
- The failure or delay by Pigeon to exercise or enforce any right or provision of these Terms of Service or rights under applicable law shall not constitute a waiver of any such provisions or rights. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
- You agree that regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of or related to use of Pigeon or otherwise under these Terms of Service must be filed within one (1) year after such claim or cause of action arose or you hereby agree to be forever barred from bringing such claim.
- The section headings in these Terms of Service are for convenience only and have no legal or contractual effect.
Amendments
Pigeon
reserves the right to change, modify, add or remove portions of the Terms of Service in its sole
discretion at any time and without prior notice. Please check these Terms of Service periodically
for any modifications. Your continued use of Pigeon and associated services following the posting
of any changes will mean that you have accepted and agreed to the changes and agree to be bound by
the then current modified Terms of Service. If you do not agree to abide by these or any future
Terms of Service, do not use or access (or
continue to use or access) the website and / or Pigeon. If you have any comments on this Terms of
Service please email us at support@pigeonmailapp.com