These Terms of Use ("Terms") are an agreement between you and TOHsoft Co., Ltd ("TOHsoft", "we", "us") for the Email for Hotmail Outlook app for Android (package com.mail.hotmail.outlook.email, the "App").
01 Accepting These Terms
By installing or using the App, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the App and uninstall it. If you use the App on behalf of an organisation, you confirm that you are allowed to accept these Terms for it.
02 What the App Does
The App is an email client. It lets you sign in to your existing Microsoft email accounts (Outlook.com, Hotmail, Live and Microsoft 365) and to other email accounts that support IMAP and SMTP, and read, write, organise and send email from your Android device. The App does not create email accounts and does not host your email; your email stays with your email provider.
03 No Affiliation with Microsoft
The App is an independent product of TOHsoft. It is not made, sponsored, endorsed or affiliated with Microsoft Corporation. Microsoft, Outlook and Hotmail are trademarks of Microsoft Corporation and are used only to describe the services the App works with. Microsoft is not responsible for the App or for support of the App.
04 Licence
We give you a personal, non-exclusive, non-transferable, revocable licence to install and use the App on Android devices you own or control, for your personal or internal business use, free of charge, in line with these Terms and the Google Play Terms of Service.
You must not:
- copy, modify, translate or create derivative works of the App, except as allowed by law;
- decompile, reverse engineer or disassemble the App, except as allowed by law;
- remove, hide or change notices, branding or ads in the App;
- rent, sell, sublicense or redistribute the App;
- interfere with the App, with ads shown in it, or with the services it connects to, for example by generating fake ad clicks or impressions.
The App, including its code, design and content, belongs to TOHsoft and its licensors. All rights not expressly granted are reserved.
05 Your Email Accounts
- You may only add accounts that you own or are authorised to use.
- You are responsible for keeping your device, your passwords and your App passcode secure, and for all activity from your accounts in the App.
- Your use of each email service is also governed by that provider's terms. For Microsoft accounts, this includes the Microsoft Services Agreement or your organisation's agreement with Microsoft. Your provider may limit, suspend or change access to its service, including access through third-party apps, and we have no control over that.
- If you sign in with a work or school account, your organisation's administrator may need to approve the App, and may remove that approval at any time.
06 Acceptable Use
You must not use the App to:
- send spam, bulk unsolicited email, phishing or malware;
- send content that is unlawful, harassing, defamatory, or that infringes anyone's rights;
- access accounts or data without permission;
- break any law or your email provider's terms.
You are solely responsible for the content you send and receive with the App.
07 Ads
The App is free and shows ads, including banner, native and full-screen ads (such as ads shown between screens or when you open the App), supplied by third-party ad networks. The ads are not endorsements by TOHsoft. When you tap an ad, you leave the App, and your dealings with the advertiser are between you and them. How ads use your data is explained in the Privacy Policy.
08 Features to Be Aware Of
- Default signature. New accounts add a signature that mentions the App ("Sent from Tohsoft.Mail…") to the email you send. You can change or remove it in Settings › Signature.
- App passcode. If you turn on the passcode lock and forget your passcode, you can ask for a recovery code by email. If you did not set a recovery email, or cannot access it, you may have to reinstall the App, which removes its local data. Your email at your provider is not affected.
- Local data. Email downloaded by the App is stored on your device. Signing out of an account or uninstalling the App removes that local copy. Keep your own backups of anything important.
- New-mail notifications rely on background work that Android, battery-saving settings or your email provider may delay or stop. Do not rely on the App for time-critical messages.
09 Updates and Changes to the App
We may release updates that add, change or remove features, and some updates may be needed to keep using the App. We may stop offering or supporting the App at any time. We have no obligation to provide support or maintenance, but you can contact us at app.pm@tohsoft.com.
10 Privacy
Our Privacy Policy, available at email.tohapp.com/policy-ol/privacy.html, explains what data the App accesses and how it is used and shared. It is part of these Terms.
11 Third-Party Services
The App works with services run by others, such as Microsoft, other email providers, Google and ad networks. We do not control those services and are not responsible for their availability, content or practices. Their own terms and privacy policies apply to them.
12 Disclaimer of Warranties
To the maximum extent permitted by law, the App is provided "as is" and "as available", without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and that the App will be uninterrupted, error-free, secure, or that email will be delivered, received, synchronised or kept without loss.
13 Limitation of Liability
To the maximum extent permitted by law, TOHsoft and its staff will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of data, email, profits, revenue or goodwill, arising from or related to your use of, or inability to use, the App, even if we were told such damages were possible. Our total liability for all claims relating to the App is limited to the greater of the amount you paid us for the App in the twelve months before the claim or USD 10.
Some jurisdictions do not allow these exclusions or limits, so some of them may not apply to you. Nothing in these Terms limits rights you have as a consumer that cannot be limited by contract.
14 Indemnity
To the extent permitted by law, you agree to compensate TOHsoft for claims, losses and costs (including reasonable legal fees) caused by your breach of these Terms or by content you send using the App.
15 Termination
You can stop using the App at any time by uninstalling it. We may suspend or end your licence if you break these Terms. Sections 3, 4 (ownership), 12, 13, 14, 17 and 18 continue to apply after these Terms end.
16 Changes to These Terms
We may update these Terms. We will post the new version at this address and change the dates at the top of this page. If a change is material, we will also tell you in the App. If you keep using the App after the change takes effect, you accept the updated Terms.
17 Governing Law and Disputes
These Terms are governed by the laws of Vietnam. Any dispute will first be discussed in good faith by contacting us at app.pm@tohsoft.com. If it cannot be resolved within 60 days, it will be settled by the competent courts of Hanoi, Vietnam, unless the mandatory consumer law of your country of residence gives you the right to bring the claim in your local courts.
18 General
If any part of these Terms is found unenforceable, the rest remains in effect. Our failure to enforce a term is not a waiver. You may not transfer these Terms without our consent; we may transfer them as part of a merger, acquisition or sale of assets. These Terms, together with the Privacy Policy, are the entire agreement between you and us about the App. If these Terms are translated, the English version prevails.
19 Contact
TOHsoft Co., Ltd
- Address
- VIWASEEN Building, 48 To Huu, Dai Mo Ward, Hanoi, Vietnam
- app.pm@tohsoft.com
- Response
- Within 30 days of receipt