Terms of service
The agreement between you and Batohi: what the service is, what it is not, and who carries which risk.
Draft under legal review. These terms are not in force and do not yet bind anyone.
Who may use Batohi
By using Batohi you agree to these terms. You must be at least 18 and able to enter into this agreement. If you are using Batohi for a company, you confirm you may bind that company to these terms.
Your account is yours. You are responsible for everything done through it and for keeping your sign-in secure. Tell us straight away if someone else gets into it.
What Batohi is
Batohi tells you what happened to a one-to-one email you sent: whether it was opened, when, which links were clicked, whether it was answered, and what that most likely means. Mail is sent through your own mailbox — a Chrome extension for Gmail, or Microsoft Graph for Outlook. Batohi is not a bulk email service and may not be used as one.
Batohi is provided as is. We do not promise any level of uptime, speed, or accuracy, and we do not promise that Google, Microsoft, or any other service Batohi depends on will stay available or compatible. Batohi may be unavailable at any time.
Subscription and trial
Batohi is a subscription, billed in advance at the price and interval shown when you subscribe. Your trial runs for the period stated at sign-up; if you have not cancelled by the end of it, the subscription starts and your card is charged. We may change prices or what a plan includes, with 30 days' notice before the change applies to you.
Cancellation, what happens to access afterwards, and what is refundable are set out in the refund policy.
Payment
If a payment fails, your account may be suspended or closed without further notice, and you still owe what is unpaid. Prices exclude sales tax, VAT and similar taxes; those are yours to pay unless we are required to collect them.
What we do not warrant
To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, accuracy and non-infringement. In particular we do not warrant that:
- the service will run at any given speed or uptime;
- tracking data will be complete, accurate or timely;
- every open, click or reply will be detected, or correctly attributed;
- an outcome the product suggests is likely will actually happen;
- third-party services will remain available or compatible.
Use of Batohi is at your own risk.
Limit of liability
Eccordia Corporation is not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or business, arising out of your use of Batohi, even if we were told such damages were possible.
Our total liability to you is limited to what you paid us in the 12 months before the event that gave rise to the claim. If you have paid us nothing, our liability is zero. This applies to every kind of claim — contract, warranty, negligence, tort or otherwise.
Suspension and termination
We may suspend or close your account immediately, without notice, for non-payment, fraud, a breach of these terms or of the acceptable use policy, or for use that threatens the deliverability or service of other customers. When an account closes, access ends immediately and we may delete its data.
Acceptable use
The acceptable use policy forms part of these terms. Breaking it is a material breach of this agreement.
Changes
We may change or discontinue any feature, or the whole service, at any time. We may update these terms; continuing to use Batohi after a change means you accept the updated terms.
Governing law and disputes
These terms are governed by the laws of New Jersey, without regard to its conflict of law rules. Any dispute arising out of these terms or your use of Batohi is to be resolved by binding arbitration under the American Arbitration Association's Commercial Arbitration Rules, before a single arbitrator, seated in New Jersey and conducted remotely unless both sides agree otherwise. You and we each waive any right to a jury trial and to bring a claim as part of a class action.
Indemnity
You will defend and indemnify Eccordia Corporation and its officers, employees and agents against any claim, loss or expense (including legal fees) arising from your use of Batohi, your breach of these terms or the acceptable use policy, the content of the mail you send, or a claim that your use of Batohi infringes someone's rights.
Third-party services
Batohi depends on the services listed on the subprocessors page. They are governed by their own terms, not ours. We do not control them and are not liable for their interruption, failure or change.
The whole agreement
These terms, together with the privacy policy, the acceptable use policy and the refund policy, are the entire agreement between you and Eccordia Corporation about Batohi. If any part is found unenforceable, the rest stands.
Contact
Questions about these terms? Email support@batohi.com.