Terms and Conditions

Please note that your use of and access to our service (defined below) and website(s) are subject to the following terms; if you do not agree to all of the following, you may not use or access the service and website(s) in any manner.

Shimo Terms of Use and Conditions

Outlined below are the Mailbutler GmbH, Welserstr. 10-12, 10777 Berlin, Germany („Shimo“) Terms of Use and Conditions. You should carefully read this Terms of Use and Conditions („Terms“) prior to using, installing, copying or duplicating any Mailbutler GmbH („Shimo“) website(s), service and software products (collectively, the “Service” or “Software”). By downloading, installing, operating, distributing, or otherwise using the Service you implicitly agree to all terms and conditions as set out within this Terms set out below. These Terms will remain in effect while you use the Service. These Terms include the provisions in this document, as well as those in the Privacy Policy. If you do not agree to the Terms, do not install or use the Service Shimo. This Agreement applies to all versions of the Service and Software whether current or obsolete, supported or unsupported. If you have any questions, comments, or concerns regarding these Terms or the Service, please contact us at support@shimovpn.com.

Pricing

Shimo offers a free trial period of 30 days. Shimo reserves the right to require payment of fees for the Service. Please refer to https://www.shimovpn.com/pricing/ for details on our pricing information. You shall pay all applicable fees, as described on the Website(s) in connection with such Service selected by you. All fees are non-refundable. Shimo reserves the right to change its price list and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the Website at least 30 days before the change is to take effect.

Purchases

If you wish to purchase any Software or Service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, Paypal information, your billing address, your email address, and your shipping information. You represent and warrant that: you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that the information you supply to us is true, correct and complete. By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases. Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns. We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: Software or Service availability, errors in the description or price of the Software or Service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.

License

Shimo Service is licensed, not sold. It is, and shall remain at all times, the absolute and unrestricted property of Shimo. Nothing in this Agreement shall prejudice, impair, jeopardise or otherwise adversely affect the rights of Shimo as sole and exclusive owner of the Service and Software. Your rights and obligations with respect to the use of the Service are as follows. You may: a. make one copy of the Software for archival purposes, or copy the Software onto the hard disk of your computer and retain the original for archival purposes; and b. use the Software in accordance with any additional permitted uses set forth below. You may not: a. sublicense, rent, or lease any portion of the Software; reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Software, or create derivative works from the software; b. use the Software in any manner not authorized by this license; nor c. use the Software in any manner that contradicts any additional restrictions set forth below.

Registration

User-License: The Service is licensed to the Customer for their own use on up to two owned, rented or leased computers, provided that no more than one of those computers is in use at any one time and no other person will be making significant use of the software on those computers.

Upgrades

Upgraded versions of the software are announced on the Shimo website. Upgrades may include additional features and/or bug fixes over previous releases. The Shimo 4 license includes free upgrades for all minor-point (4.x) version releases.

Refund

The Service available for purchase on our website is downloadable, fully-functional, and not restricted in any way. We provide a 30 days free trial period to let you fully evaluate the Service before you make a purchase decision. This provides the ability to completely test out the Service to ensure it is fit for purpose and understand the job the Service is designed to do. The Service is fully-functional during the trial period. If you purchase Shimo, after your payment has cleared you will receive an email with your invoice. Once this information is emailed to you, no refunds will be given. During your trial period, our support staff are available to assist in installation and configuration via email. We strongly recommend that all customers download, install, and test the trial version of any product prior to making a purchase. In rare instances and only within 30 days of purchase, if due to technical difficulties or incompatibilities the Service will not function, we may, at our discretion, issue a refund minus our order processing and banking fees (up to 25% of the purchase price). Shimo is not responsible for lost, delayed, or misdirected mail or email, delays for downloading, or other communication system delays. If a refund is given, the license key for the purchase will be disabled.

General terms of use

You agree that you will not use Shimo for any purpose, related or otherwise that involves any illegal or unauthorised attempt to gain access to any computer system, any act of racism, vandalism, persecution, terrorism, general provoked or unprovoked aggression or war nor any other illegal, malicious or criminal activity. You will use Shimo in accordance with applicable laws, rules and regulations. You are responsible for all of your activities that occur within, through or as a result of your use of Shimo. You agree that you will not use Shimo for unlawful purposes or to engage in any illegal, offensive, indecent or objectionable conduct, including violation of any third party privacy or other rights. Further, you may not modify, enhance, supplement, create any derivative work from, adapt, translate, reverse engineer, decompile, disassemble or otherwise reduce the Software to human readable form. We can’t and won’t be responsible for your using the Serivce in a way that breaks the law.

Support

Support is available online via the Shimo website and email under these conditions: a. we guarantee that we will respond to the best of our ability, and as promptly as is reasonably possible, to all reasonable queries from licensed users. We will respond, when possible, to all reasonable queries from unregistered users, however priority will be given to licensed users.

Transfer

A license can be transferred from the original licensee to a third party by advising us of the transfer in writing. This transfer can occur only once and cannot be perpetuated. Upon transfer all obligations of the original licensee are terminated and transferred to the new owner. The original licensee will immediately cease using the Software.

Termination

If you fail to comply with any of the provisions contained herein, SHimo shall have the right to terminate this Agreement immediately without prior notice or legal proceeding. Shimo shall have the right to commence the appropriate legal proceeding in order to recover costs, losses and damages as a result of the failure to comply. Upon termination, you must immediately discontinue the use and redistribution of the Service. You’re free to stop using any Shimo Service. Account termination may result in deletion of any content associated with your account, so keep that in mind before you decide to terminate your account.

Authorized distributors and reseller

Shimo authorized distributors and resellers do not have the right to make modifications to this agreement or to make any additional representations, commitments, or warranties binding on Shimo or its licensors.

Governing law

These Terms shall be governed and construed in accordance with the laws of country residence of Shimo, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We are constantly improving our Service, so these Terms may need to change along with the Service. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We reserve the right to change the Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. We will bring it to your attention by placing a notice on the Shimo website, and/or by sending you an email, and/or by some other means. What constitutes a material change will be determined at our sole discretion. If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Service. If you use the Service in any way after a change to the Terms is effective, that means you agree to all of the changes.

Warranty disclaimer

All efforts have been made to ensure that the Service is free from defects. The Service (including any and all accompanying services, manuals, files, data and materials) is distributed and provided „as is“ without any warranty whatsoever implied or otherwise.

Acknowledgement

You acknowledge that you have read this agreement, understand it, and agree to be bound by its terms and conditions.

Last Updated: 26th February, 2019