Terms and Conditions of the online Service for Public Profiles

1. Welcome to MyPublicInbox.
Thanks for your interest in our respectful messaging exchange service (the “Services”)!.

By using our Services, you agree to (1) these Terms of Service, (2) our Content Policies and (3) the Usage Guidelines(collectively, the “MyPublicInbox Terms” . If ever in conflict, these Terms of Service will take precedence over any other terms in the policies and guidelines enumerated in numbers (2) and (3) above. Please read these Terms of Service and the rest of the MyPublicInbox Terms carefully.

As used in these Terms of Service, “you” means the individual or entity using the Services (and/or any individual, agent, employee, representative, network, parent, subsidiary, affiliate, successor, related entities, assigns, or all other individuals or entities acting on your behalf, at your direction, under your control, or under the direction or control of the same individual or entity who controls you). “We,” “us” or “MyPublicInbox” means MyPublicInbox, S.L., and the “parties” means you and MyPublicInbox.

2. Access to the Services: MyPublicInbox Public Profiles.
Your use of the Services is subject to your creation and our approval of a MyPublicInbox Profile (a “Profile”). We have the right to refuse or limit your access to the Services. In order to verify your Profile, from time-to-time we may ask for additional information from you, including, but not limited to, verification of your name, address, and other identifying information. By submitting an application to use the Services, if you are an individual, you represent that you are at least 18 years of age. You may only have one Profile. If you (or someone under your control or direction) create more than one Profile, you may lose your right to receive payments from MyPublicInbox and these Profiles will be subject to cancellation as set forth below.

When registering, you consent to having your Public Profile advertised and included in our database and our Browsers to promote people to contact you in accordance with our User Rules.

3. Using our Services
You may use our Services only as permitted by the MyPublicInbox Terms and any applicable laws. Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide.

You may discontinue your use of any Service at any time by writing an email to info@mypublicinbox.com and asking us to eliminate your Profile.

4. Changes to our Services; changes to the MyPublicInbox Terms
We are constantly changing and improving our Services. We may add or remove functionalities or features of the Services at any time, and we may suspend or stop a Service altogether.

We may modify the MyPublicInbox Terms at any time. We’ll post any modifications to the Terms of Service on this page and any modifications to the MyPublicInbox. Changes will generally become effective 14 days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you don’t agree to any modified terms in the MyPublicInbox Terms, you’ll have to stop using the affected Services.

5. Payment
In accordance with this section and Section 6 of these Terms and Conditions, you will receive a payment related to the number of messages you receive, read and answer within the defined deadline and in accordance with the price of the Message Unit fixed by you at your Public Profile. Payment is subject to the compliance of the answers with the User Rules and the Content Policies of MyPublicInbox.

If there is not any incidence related to your answer and the failure to comply with the User Rules and the Content Policies of MyPublicInbox until the moment of the payment, you will receive the payment month following the month you request payment provided the balance of your account exceed the threshold defined. In the event that MyPublicInbox is investigating your compliance with the Terms and Conditions or you Profile has been cancelled, your payment can be delayed or refused. To ensure that payments are correctly made, you are responsible for providing and maintaining exact information required to complete this process.

You will be asked your contact and payment information the first time you ask for a payment.

When you contact another Public Profile your balance is cleared on your profile by discounting the cost of the contacts from your revenues. Additionally, MyPublicInbox, S.L. can (a) retain or compensate any pending payment under the Terms and Conditions of MyPublicInbox or any other contract, or (b) request you the reimbursement any overpayment within 30 days after its emission. You will be responsible for any charges applied by your Bank or Payment Service provider.

Unless authorized in writing by MyPublicInbox, S.L. you cannot enter into agreement with a third party by which he or she will receive the payments made in your name under these Terms and Conditions or any other financial benefits derived from the Services.

Payments are calculated from the Message Unit price in force when the message you have answered was sent, regardless of the price has varied from the receipt to the answer of the message. You acknowledge and agree you only are entitled to receive the payments corresponding to the you answers that have been already payed to MyPublicInbox, S.L..

If, for any reason, MyPublicInbox, S.L. does not receive the corresponding payment from a Contactor or the corresponding payment is reimbursed to the Contactor, you are not eligible to receive the payment for your reading and answering of the said communication. Additionally, in the event that the payment one Contactor that sends you a message is found to be fraudulent, your payment can be retained or even returned.

MyPublicInbox, S.L. has the right to retain and adjust any payment in order to discount any amount that is considered fraudulent or derived from an invalid activity. Invalid activities include, but are not limited to (i) messages received from fake Profiles and which payments are considered fraudulent, (ii) any illegal or illicit activity associated to the communications that have generated the payment, (iii) any activity with malicious intent, (iv) any criminal behavior associated to the messages exchange that have generated the balance. If MyPublicInbox, S.L. detects the existence of any invalid activity, either before or after the payment corresponding to that activity, MyPublicInbox, S.L. will reserve the right to withdraw the quantity from your account or adjusting accordingly future payments, corresponding to all the invalid reading and answering including the answers not fulfilling MyPublicInbox policies.

6. Termination, Suspension and Right to additional Payments.
MyPublicInbox, S.L. can at any time, and without prior announcement suspend temporally further payments linked to your Profile, or even terminate your account, among other reasons, because you do not fulfil the MyPublicInbox’ User Rules, Policies or Terms and Conditions or because of illicit activities.

MyPublicInbox, S.L. can terminate your Public Profile if it stays inactive for more than 6 consecutive months or more. If MyPublicInbox, S.L. cancels your Profile because of inactivity reasons, you will receive a notification giving you 10 natural days to communicate with us and to carry out the necessary diligences. In the event that your

Profile is cancelled for inactivity reasons you will not be prevented to present a new application for a new Public Profile.

If MyPublicInbox, S.L. terminates your Profile due to your breach of the MyPublicInbox Terms, including, but not limited to, your causing or failing to prevent invalid activity, or your failure to otherwise fully comply with the MyPublicInbox Policies, you will not be entitled to any further payment fromMyPublicInbox S.L. for any balance outstanding associated to your Profile. If you breach the MyPublicInbox Terms or MyPublicInbox, S.L. suspends or terminates your Account, you are prohibited from creating a new Profile.

If you want to dispute any charge or retained payment related to your Services’ use, or if MyPublicInbox, S.L. cancels your Profile and you want to dispute this process, you should notify your intention to MyPublicInbox, S.L. within 30 days after the event you want to dispute. If not, you waive any claims related to the charge, payment or cancellation.

You may terminate your use of the Services at any time by sending an email to info@MyPublicInbox.com. Your MyPublicInbox Profile will be considered terminated within 10 business days of MyPublicInbox’s receipt of your notice. If you terminate your Profile and the balance reflected in your Profile below the threshold will remain unpaid.

7. Taxes
EBetween MyPublicInbox, S.L. and you, MyPublicInbox, S.L. is the responsible for the taxes associated, if any, to the transactions between MyPublicInbox, S.L. and the Contactors in relation to the messages received by you. You should be responsible for the taxes, if any, associated to the Services, other than the taxes based on the net gains of MyPublicInbox, S.L.

It will be considered that all the payments made by MyPublicInbox, S.L. to you include taxes (if any) and must not be adjusted.

8. Testing
You authorize MyPublicInbox, S.L. to periodically conduct tests that may affect your use of the Services. To ensure the timeliness and validity of test results, you authorize MyPublicInbox, S.L. to conduct such tests without notice.

9. Intellectual and Industrial Property; Brand Features
Other than as set out expressly in the MyPublicInbox’ Terms and Conditions, neither party will acquire any right, title, or interest in any intellectual property rights belonging to the other party or to the other party’s licensors.

If MyPublicInbox, S.L. provides you with software in connection with the Services, we grant you a non-exclusive, non-sublicensable license for use of such software. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by MyPublicInbox, in the manner permitted by the Terms and Conditions and the User Rules. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, or reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission. You will not remove, obscure, or alter MyPublicInbox’s copyright notice, Brand Features, or other proprietary rights notices affixed to or contained within any MyPublicInbox, S.L. and MyPublicInbox services, software, or documentation.

We grant you a non-exclusive, non-sublicensable license to use MyPublicInbox’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features (“Brand Features”) solely in connection with your use of the Services and in accordance with the Terms and Conditions. We may revoke this license at any time. Any goodwill arising from your use of MyPublicInbox’s Brand Features will belong to MyPublicInbox, S.L..

We may include your name and Brand Features in our presentations, marketing materials, customer lists and financial reports.

10. Privacy
Our privacy policy explains how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that MyPublicInbox, S.L. can use such data in accordance with our privacy policy. You and MyPublicInbox, S.L. also agree to the MyPublicInbox, S.L. Controller Data Protection Terms.

11. Confidentiality
You agree not to disclose MyPublicInbox, S.L. Confidential Information without our prior written consent. “MyPublicInbox Confidential Information” includes: (a) all MyPublicInbox software, technology and documentation relating to the Services; (b) the rate of exchange when converting your Tempos into Euros through payments made by MyPublicInbox, S.L.; (c) the existence of, information about, or the terms of, any non-public beta or experimental features in a Service; and (d) any other information made available by MyPublicInbox, S.L. or MyPublicInbox that is marked confidential or would normally be considered confidential under the circumstances in which it is presented. MyPublicInbox, S.L. and MyPublicInbox Confidential Information does not include information that you already knew prior to your use of the Services, that becomes public through no fault of yours, that was independently developed by you, or that was lawfully given to you by a third party. Notwithstanding this Section 11, you may accurately disclose the amount of MyPublicInbox’s gross payments resulting from your use of the Services.

12. Indemnity
You agree to indemnify and defend MyPublicInbox, S.L., its affiliates, agents, and advertisers from and against any and all third-party claims and liabilities arising out of or related to the Properties, including any content served on the Properties that is not provided by MyPublicInbox, S.L.; your use of the Services; or your breach of any term of the Terms and Conditions. Contactors are third-party beneficiaries of this indemnity.

13. Representations, Warranties and Disclaimers
You represent and warrant that (i) you have full power and authority to enter into the MyPublicInbox’s Terms and Conditions; (ii) you are the technical and editorial decision maker in relation to your MyPublicInbox’s Public Profile advertising where your followers are are invited to contact you and you have the control over the way in which this advertising is carried out ; (iii) MyPublicInbox, S.L. has never previously cancelled or suspended your Public Profile which you were the holder due to your breach of the Terms and Conditions, including due to invalid activity; (iv) by you are the technical and editorial decision maker in relation to each Property on which the Services are implemented and you have control over the way in which the Services are implemented on each Property; (v) entering into or performing under the MyPublicInbox’sTerms and Conditions will not violate any agreement you have with a third party or any third-party rights; and (vi) all of the information provided by you to MyPublicInbox, S.L. and MyPublicInbox is correct and current.

Each party warrants to the other party that will apply the reasonable attention and due diligence in order to comply with its obligations pursuant this Agreement.

Other than as expressly set out in the MyPublicInbox Terms and Conditions, we do not make any promise about the Services. For example, MyPublicInbox, S.L. may refuse to serve, as applicable you answer any received message. Additionally, we do not make any commitments about the content within the Services, the specific function of the Services, or their profitability, reliability, availability, or ability to meet your needs.

To the extent permitted by law, we exclude all warranties, express, statutory, or implied. We expressly disclaim the warranties or conditions of noninfringement, merchantability, and fitness for a particular purpose.

14. Limitation of Liability
Nothing in this MyPublicInbox Terms and Conditions shall exclude or limit either party’s liability for (a) fraud or fraudulent misrepresentation; (b) death, personal injury resulting from negligence; or (c) anything else that cannot be limited or excluded by law.

Neither of the parties shall be held responsible or shall be considered at fault under these Terms and Conditions (contractual or extracontractual) of any indirect or consequential special damages or losses (even if that loss or damage was foreseeable, which occurs during the use of the Services).

The aggregate liability of each of the parties under these Terms and Conditions (contractual or extracontractual) shall not exceed 125% of the quantity payable by MyPublicInbox, S.L. during the 12 months immediately preceding the date on which this liability is claimed.

Limitations and exclusions of liability in this section 14 do not apply to the responsibility according to Section 9, Section 11 or Section 12.

15. Miscellaneous
Entire Agreement; Amendments. The MyPublicInbox Terms and Conditions are our entire agreement relating to your use of the Services and supersede any prior or contemporaneous agreements on that subject. The MyPublicInbox Terms may be amended (i) in a writing signed by both parties that expressly states that it is amending the MyPublicInbox Terms, or (ii) as set forth in Section 4, if you keep using the Services after MyPublicInbox, S.L. modifies the MyPublicInbox Terms.

Assignment. You may not assign or transfer any of your rights under the MyPublicInbox Terms.

Independent Contractors. The parties are independent contractors and the MyPublicInbox Terms do not create an agency, partnership, or joint venture.

No Third-Party Beneficiaries. Other than as set forth in Section 12, the AdSense Terms do not create any third-party beneficiary rights.

Severability. If it turns out that a particular term of the MyPublicInbox Terms is not enforceable, the balance of the MyPublicInbox Terms will remain in full force and effect.

Governing Law; Venue. All claims arising out of or relating to the MyPublicInbox Terms or the Services will be governed by Spain law, and will be litigated exclusively in Madrid courts.

Force Majeure. Neither party will be liable for inadequate performance to the extent caused by a condition (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and Internet disturbance) that was beyond the party’s reasonable control.

Communications. In connection with your use of the Services, we may contact you regarding service announcements, administrative messages, and other information. You may opt out of some of those communications in your Account settings. For information about how to contact MyPublicInbox, S.L., please visit our contact page.