Terms

About these terms

These terms apply to the WMail app for iPhone (including any beta or TestFlight version and WMail Pro) and to this website, wmail.download. Together we call these “WMail”.

WMail is made by WOW Media UK Ltd, a company registered in England and Wales (“we”, “us”, “our”). By downloading, installing or using WMail you agree to these terms. If you don’t agree, please don’t use it.

Our privacy policy explains what we do (and don’t do) with information, and forms part of these terms.

What WMail is

• WMail is an email client. It connects directly from your device to a mail account you already have with a JMAP provider, such as Fastmail. We do not provide email accounts, hosting or storage, and your mail never passes through our servers.
• WMail is an independent app. It is not affiliated with, endorsed by, or produced by Fastmail Pty Ltd or any other mail provider. Your relationship with your mail provider is governed by their terms, not ours.
• Some features (for example Masked Email, server-side snooze or held sends) only work when your provider supports them, and may stop working if your provider changes or withdraws them.

Your mail account and API token

• To connect, you create an API token with your mail provider and give it to the app. You choose what access that token has, and you are responsible for keeping it, and your device, secure.
• The token is stored in the iOS Keychain on your device. If you think your device or token has been compromised, revoke the token with your provider straight away.
• You are responsible for everything done in your mail account through WMail — including messages sent, deleted, moved, archived, snoozed or filtered — and for complying with your mail provider’s terms.

Using WMail

We give you a personal, non-exclusive, non-transferable, revocable licence to use WMail on Apple devices you own or control, in line with these terms and Apple’s Usage Rules. In using WMail you agree not to:

• use it for anything unlawful, fraudulent or harmful, including sending spam, phishing, malware, or content that infringes anyone’s rights;
• use it to gain access to any mail account you are not authorised to use;
• copy, modify, resell or distribute the app, or reverse engineer, decompile or disassemble it, except where the law allows this and cannot be excluded by contract;
• interfere with or disrupt the app, this website, or any mail provider’s service, or try to get around any feature that controls access to WMail Pro.

WMail Pro subscriptions

• WMail is free to download. WMail Pro is an optional subscription that unlocks additional features. The features included in WMail Pro, and its price, are shown in the app before you buy.
• Subscriptions are sold and billed by Apple through your Apple Account, and are subject to Apple’s Media Services Terms. Payment is taken when you confirm the purchase.
• Subscriptions renew automatically at the end of each period unless you turn off auto-renew at least 24 hours before the period ends. You can manage or cancel your subscription in your Apple Account settings. Cancelling stops future renewals; you keep access until the end of the period you have paid for.
• If a free trial is offered, any unused part of it ends when you buy a subscription. Unless cancelled before the trial ends, it converts to a paid subscription.
• Because Apple handles all payments, refund requests must be made to Apple at reportaproblem.apple.com. We cannot issue refunds ourselves.
• If you are a consumer in the UK or EU, you normally have 14 days to cancel a digital purchase. When you buy WMail Pro you ask for access to start immediately, and you acknowledge that you lose that right to cancel once access has begun. This does not affect your other legal rights if WMail Pro is faulty.
• We may change the price of WMail Pro. Apple will tell you about any price increase in advance, as their rules require, and you can cancel before it takes effect.
• We may add, change or remove features over time, including moving features between the free app and WMail Pro. We will not remove core features of an active paid subscription in a way that materially reduces what you paid for without telling you.

Things you should know before relying on WMail

Email is involved in important parts of people’s lives, so please read this section carefully.

• Actions are real. When you delete, archive, move, block, unsubscribe or empty a folder in WMail, that change is made on your mail account with your provider and may be permanent. Deleting or disabling a masked address means mail sent to it may no longer reach you.
• Timed features are not guaranteed. Send later, undo send, snooze and reminders depend on your mail server, your device, your network connection and iOS. We cannot guarantee a message will be sent, held, recalled or resurfaced at a particular time, or at all.
• Notifications may not arrive. Notifications depend on iOS, your settings and your provider, and can be delayed or missed.
• Don’t use WMail as your only record. WMail is not a backup service. Keep your own backups of any mail you can’t afford to lose, and don’t rely solely on WMail for time-critical, legal, financial, medical or emergency communications.
• Check before you send. Templates, suggestions, quick replies and autocompleted addresses are conveniences. You are responsible for checking recipients and content before a message goes.
• Emails can be harmful. Messages you receive are written by third parties. They may contain phishing, malware, misleading links or offensive material. We do not check or control that content and are not responsible for it.
• Calendar invitations. When you add an invitation to your calendar, WMail uses the details in the email. Check the date, time and time zone for anything important.
• Syncing. Templates and snooze records may sync between your devices through your private iCloud account. That sync is provided by Apple and can occasionally be delayed or fail.

Updates and availability

• We may release updates to fix problems, improve WMail, or keep it working with iOS and mail providers. Some updates may be needed for WMail to keep working properly.
• WMail relies on things we don’t control — iOS, the App Store, iCloud, your network, and your mail provider’s service and API. We can’t promise WMail will always be available, uninterrupted, compatible with every provider or device, or free of bugs.
• We may change, suspend or stop WMail, or any part of it, at any time — for example if a mail provider changes its service, or if we can no longer reasonably support a feature. If we permanently stop offering WMail Pro, we will turn off renewals, and you can ask Apple about a refund for any unused period.
• Beta versions. Pre-release versions (such as through TestFlight) are provided for testing. They are expected to contain bugs, may behave unpredictably, and may cause mail actions you did not intend. Only use a beta with an account you are comfortable testing with.

Our responsibility for loss or damage

What the law says we can’t exclude. Nothing in these terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot legally be excluded or limited. If you are a consumer, nothing in these terms affects your legal rights — for example, under the Consumer Rights Act 2015, digital content must be as described, fit for purpose and of satisfactory quality. If WMail damages your device or other digital content because we did not use reasonable care and skill, we will either repair the damage or pay you compensation. Advice about your legal rights is available from Citizens Advice.

Losses we are responsible for. If we break these terms or are negligent, we are responsible for loss or damage you suffer that is a foreseeable result of that. Loss is foreseeable if it was obvious it would happen, or if both of us knew it might happen when you started using WMail.

Losses we are not responsible for. Subject to the paragraph above on what the law doesn’t let us exclude, we are not responsible for:

• loss or damage that was not foreseeable;
• loss of, or damage to, email or other data, including as a result of actions taken in the app (by you or anyone with access to your device) or by your mail provider — which is why we ask you to keep your own backups;
• messages that are delayed, not sent, sent at the wrong time, not recalled, sent to the wrong recipient, or not received;
• the availability, performance, security, changes to, or decisions of your mail provider, Apple, iCloud or any other third party;
• unauthorised access to your mail account or device, including through a token you shared or failed to keep secure;
• the content of emails, attachments or links sent to you by others;
• events outside our reasonable control, such as network or power failures, cyber attacks against third parties, or changes to iOS.

Business use. WMail is provided for personal use. If you use it for business, trade or professional purposes, we have no liability to you for any loss of profit, revenue, business, contracts, goodwill, anticipated savings or business opportunity, or for any indirect or consequential loss. For business users, WMail is provided “as is” and “as available”, and all warranties, conditions and terms not expressly set out in these terms are excluded to the fullest extent the law allows.

Our total liability. Subject to the paragraph above on what the law doesn’t let us exclude, our total liability to you for all claims arising out of or in connection with WMail, whether in contract, tort (including negligence) or otherwise, is limited to the greater of the total amount you paid for WMail Pro in the 12 months before the event giving rise to the claim, or £50.

Ownership

• WMail, including the app, its design, code, icons, the WMail name and logo, and this website, is owned by WOW Media UK Ltd or our licensors. Using WMail doesn’t give you any ownership of it.
• Your email, contacts, templates and other content remain yours. We don’t receive them and claim no rights in them.
• If you send us feedback or suggestions, we may use them to improve WMail without any obligation to you.
• Fastmail is a trademark of its owner. Other product names mentioned are trademarks of their respective owners and are used only to describe compatibility.

Ending these terms

• You can stop using WMail at any time by deleting the app and revoking your API token with your mail provider. To stop paying for WMail Pro, cancel the subscription in your Apple Account settings — deleting the app doesn’t cancel it.
• We may suspend or end your right to use WMail if you seriously or repeatedly break these terms, or if we have to for legal reasons.
• When these terms end, you must stop using WMail. Sections that by their nature should continue — including those on our liability, ownership, and law and disputes — will continue to apply.

Apple

These terms are between you and WOW Media UK Ltd, not Apple. The following also applies because WMail is distributed through the App Store:

• We, not Apple, are solely responsible for WMail and its content. Apple has no obligation to provide any maintenance or support for WMail.
• If WMail fails to meet any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligation with respect to WMail.
• Apple is not responsible for addressing any claims by you or any third party relating to WMail, including product liability claims, claims that WMail fails to meet any legal or regulatory requirement, claims under consumer protection or similar laws, or claims that WMail or your use of it infringes a third party’s intellectual property rights. We, not Apple, are responsible for investigating, defending, settling and discharging any such intellectual property claim.
• You confirm that you are not located in a country subject to a US Government embargo or designated as “terrorist supporting”, and that you are not on any US Government list of prohibited or restricted parties.
• You must comply with any applicable third-party terms, such as your mail provider’s, when using WMail.
• Apple and its subsidiaries are third-party beneficiaries of these terms and, once you accept them, Apple has the right to enforce them against you. Where these terms conflict with Apple’s Licensed Application End User License Agreement, these terms apply to the extent permitted.

This website

Information on this website is provided for general information about WMail. We try to keep it accurate and up to date, but features, compatibility, pricing and availability can change, and the App Store listing and the app itself are the final word. Links to other websites are provided for convenience; we are not responsible for their content.

General

• Changes to these terms. We may update these terms from time to time, for example to reflect new features, changes in the law, or how WMail works. The date at the top shows when they last changed. If a change is significant, we will let you know in the app or on this website before it takes effect. If you keep using WMail after that, you accept the updated terms; if you don’t agree, you can stop using WMail and cancel any subscription.
• Transfer. We may transfer our rights and obligations under these terms to another organisation, for example if WMail is sold. We will make sure this does not reduce your rights. You may not transfer your rights under these terms.
• Third parties. Apart from Apple, as described above, nobody other than you and us has any right to enforce these terms.
• Severability. If a court finds part of these terms invalid or unenforceable, the rest will continue to apply.
• No waiver. If we don’t enforce a right straight away, we can still enforce it later.
• Entire agreement. These terms, together with our privacy policy and any terms Apple applies to your purchase, are the whole agreement between you and us about WMail.

Law and disputes

• If you have a problem with WMail, please contact us first at hello@wowmedia.net — most issues can be sorted out quickly.
• These terms are governed by the laws of England and Wales. You and we both agree that the courts of England and Wales have jurisdiction, except that if you live in Scotland you can also bring proceedings in Scotland, and if you live in Northern Ireland you can also bring proceedings in Northern Ireland.
• If you are a consumer living elsewhere, you also keep the protection of any mandatory laws of the country where you live, and may be able to bring proceedings there.

Contact

WOW Media UK Ltd
hello@wowmedia.net