Terms & Conditions

1. About these Terms

These Terms govern the download, trial, purchase, licensing and use of SMail.

SMail is developed and published by:

up2bo
Het Hoog 7
2288 Bouwel
Belgium

Belgian enterprise number: 0675.719.915
Email: support@smailsearch.com

In these Terms, “SMail”, “we”, “us” and “our” refer, as appropriate, to the SMail software and/or up2bo as its developer and publisher.

By purchasing a SMail license, you enter into an agreement with up2bo subject to these Terms and any mandatory rights that apply under applicable law.

2. SMail

SMail is a Windows desktop application designed to help users search email stored in supported versions of Microsoft Outlook.

SMail creates and uses a local search index on your computer. Your original email remains in Outlook.

SMail is currently designed for Microsoft Classic Outlook for Windows. New Outlook for Windows is not supported.

Before purchasing SMail, you are responsible for checking that your computer and Outlook environment meet the compatibility requirements stated on the SMail website.

A SMail license grants you the right to use the software in accordance with these Terms. The software itself is not sold or transferred to you.

3. 30-day free trial

SMail may be used on a free trial basis for 30 days.

The trial period begins when you first activate the SMail trial, not when you download the installer.

The trial allows you to evaluate SMail with your own supported Outlook environment before deciding whether to purchase a license.

The trial does not automatically convert into a paid license or subscription. You are not charged automatically when the trial ends.

When the trial period expires, continued use of SMail requires a valid SMail license.

A trial license is provided for evaluation purposes and may be subject to reasonable technical measures intended to prevent misuse or repeated circumvention of the trial period.

Nothing in this section limits any rights you may have under applicable mandatory consumer law.

4. Purchasing a SMail 4 license

During or after the free trial, you may purchase a SMail 4 license if you wish to continue using SMail.

The base price of a SMail 4 license is €79, plus applicable taxes where these are not already included in the displayed price.

The final amount payable, including applicable taxes and any mandatory charges, will be displayed before you place your order.

A SMail 4 license is a one-time purchase. It is not a subscription and there is no recurring SMail license fee.

Your purchase provides a perpetual license to use SMail 4 in accordance with these Terms. The license does not expire merely because a particular period of time has passed.

Payment is processed through the payment provider identified during checkout. The payment methods available to you may depend on your country and the payment provider.

Your license becomes available in accordance with the activation and delivery process communicated during or after checkout.

Nothing in this section limits your rights under applicable mandatory consumer law.

5. License grant and use on your computers

When you purchase a SMail 4 license, up2bo grants you a perpetual right to use SMail 4 in accordance with these Terms.

The license is issued to one named user and may be activated on up to three computers belonging to or used by that licensed user.

The three-computer allowance is intended to let the licensed user use SMail on multiple computers, such as a desktop and laptop. It does not create separate licenses for other users.

You may move SMail to a replacement computer. Where necessary, an existing activation may need to be deactivated before the replacement computer can be activated.

You may not use a single SMail license to provide independently licensed use of SMail to multiple users, share your License key for use by other users, circumvent SMail's licensing or activation controls, or use the license in a manner that exceeds the permitted number of active computers.

Any transfer or resale of a SMail license is subject to applicable law and, where legally permitted, may require the previous user to stop using SMail and deactivate or otherwise relinquish the corresponding activations.

Nothing in this section restricts rights that cannot lawfully be excluded or limited under applicable law.

6. SMail 4 updates and future versions

During the period in which up2bo actively supports and makes SMail 4 updates available, your SMail 4 license allows you to install those updates without an additional SMail license fee. Availability of previously released SMail 4 updates is not guaranteed indefinitely after support or distribution of SMail 4 has ended.

Where applicable law requires up2bo to provide or inform you about updates, including security updates necessary to maintain the conformity of SMail, up2bo will do so in accordance with those legal requirements.

For other SMail 4 updates, you are responsible for checking the SMail website or other update information made available by up2bo to determine whether a newer version is available.

You are responsible for installing updates made available to you within a reasonable time. Failure to install an available update may affect SMail's functionality, compatibility or security. Where applicable law requires up2bo to inform you specifically about the availability of an update or the consequences of not installing it, up2bo will provide that information as required by law.

SMail 4 updates may replace or modify application components as necessary to maintain, correct or improve SMail. The normal SMail 4 update process is designed to preserve existing customer data rather than replace it with clean application data.

A future major version of SMail, such as SMail 5, may be released as a separate product and may require a separate license or purchase.

You are not required to purchase a future major version merely to retain your SMail 4 license. Your SMail 4 license remains perpetual, subject to these Terms and the technical compatibility requirements applicable to SMail 4.

A perpetual SMail 4 license does not guarantee that SMail 4 will remain technically compatible indefinitely with future versions or changes to Microsoft Windows, Microsoft Outlook or other third-party technologies. The third-party compatibility limitations described in Section 7 also apply to updates and continued use of SMail.

Nothing in this section limits any update, conformity, guarantee or other rights that you have under applicable mandatory consumer law.

7. System requirements, Microsoft Outlook and compatibility

SMail is a Windows desktop application and requires a compatible Windows environment and a supported version of Microsoft Classic Outlook for Windows.

New Outlook for Windows is not currently supported.

The current system and compatibility requirements are stated on the SMail website. You should check these requirements before purchasing SMail. The 30-day free trial is also available so that you can evaluate SMail with your own computer and Outlook environment before deciding whether to purchase a license.

SMail depends on Microsoft Windows, Microsoft Classic Outlook and the interfaces and technologies made available by Microsoft that allow SMail to interact with Outlook. These are third-party products and technologies that are outside up2bo's control.

Microsoft may change, replace or discontinue Outlook functionality, interfaces, technologies or other components on which SMail depends. Such a change could affect SMail's functionality or compatibility and, in some circumstances, could make continued operation of SMail technically impossible.

up2bo may make reasonable efforts to maintain SMail's compatibility where practicable, but cannot guarantee that SMail will remain compatible indefinitely if Microsoft changes or removes technology on which SMail depends, or that it will always be technically possible to adapt an existing SMail version to such changes.

A perpetual SMail license gives you the right to continue using the licensed SMail version in accordance with these Terms. It does not constitute a guarantee that Microsoft Windows, Microsoft Outlook or other third-party technology required by SMail will remain available or compatible with SMail indefinitely.

Nothing in this section limits any rights or remedies you may have under applicable mandatory consumer law, including rights relating to the conformity of digital content.

8. Intellectual property and permitted use

SMail, including its software, source code, design, user interface, documentation, branding and other original materials, is protected by intellectual property laws. Except for the rights expressly granted to you under your SMail license or applicable law, all rights in SMail remain with up2bo and/or the applicable rights holders.

Your SMail license gives you the right to install and use SMail as described in these Terms. It does not transfer ownership of SMail, its source code or its intellectual property rights to you.

You may not, except where permitted by applicable law:

• copy, reproduce, modify, adapt or distribute SMail beyond what is necessary for your permitted use;
• make SMail, your License key or your licensed access available for unauthorized use by other persons;
• rent, lease, sublicense or commercially provide SMail to others except where permitted by applicable law;
• circumvent, disable or interfere with SMail's licensing, activation or other technical protection mechanisms; or
• reverse engineer, decompile, disassemble or otherwise attempt to derive the source code of SMail, except to the limited extent that such restriction is prohibited by applicable law.

Nothing in these Terms restricts any rights that cannot lawfully be excluded or limited under applicable law, including any mandatory rights relating to the lawful use or backup of computer software.

You may not use SMail or information obtained from SMail in a manner that infringes up2bo's intellectual property rights or the rights of third parties.

9. Consumer rights and legal guarantee

If you purchase SMail as a consumer, you have the benefit of the legal rights and remedies that apply to digital content under applicable consumer law.

These rights are separate from, and are not limited by, the commercial terms of your SMail license. In particular, nothing in these Terms excludes or reduces any statutory rights relating to the conformity of SMail or any legal guarantee that applies to your purchase.

If SMail does not conform to the applicable contractual or statutory requirements, you may be entitled to the remedies provided by applicable law. Depending on the circumstances, these may include having SMail brought into conformity, a proportionate reduction of the price, or termination of the contract and reimbursement where the legal requirements for those remedies are met.

The existence of a perpetual SMail license does not replace, extend or reduce the duration of any statutory legal guarantee. Your right to continue using your licensed SMail version and your statutory consumer rights are separate matters.

Any limitations, exclusions or other provisions in these Terms apply only to the extent permitted by applicable law.

10. Right of withdrawal and refunds

If you purchase SMail as a consumer, you may have a statutory right to withdraw from a distance contract within the period provided by applicable consumer law.

SMail is digital content supplied without a tangible medium. Where you request or expressly agree that delivery or access to SMail begins during the statutory withdrawal period, you may be asked to give your prior express consent to immediate performance and to acknowledge that, once performance begins, you lose your statutory right of withdrawal, to the extent provided by applicable law.

Where the legal requirements for loss of the right of withdrawal have been satisfied, you will no longer have a statutory right to withdraw from the purchase merely because you change your mind after delivery has begun.

Where those requirements have not been satisfied, any statutory right of withdrawal that applies to your purchase remains unaffected.

The loss or expiry of a right of withdrawal does not affect your separate statutory rights relating to defective or non-conforming digital content, including the rights described in Section 9.

Any refund to which you are entitled under applicable law will be processed in accordance with those legal requirements and, where applicable, through the payment provider used for your purchase.

11. Responsibility and limitation of liability

SMail is designed to help you search and locate email in supported Microsoft Outlook environments. While up2bo takes reasonable care in developing and maintaining SMail, no software can be guaranteed to operate without interruption or error in every computer, Outlook configuration or technical environment.

SMail is a search and productivity tool. You remain responsible for your original email, your Outlook environment, appropriate backups, and for verifying information before relying on search results or taking actions based on them.

SMail does not replace Outlook as the location of your original email and should not be used as the sole archive, backup or record of information that you are required to retain.

To the maximum extent permitted by applicable law, up2bo is not responsible for loss or damage caused solely by circumstances outside its reasonable control and for which up2bo is not legally responsible, including failures, changes or discontinuation of third-party software, services or technologies on which SMail depends.

To the maximum extent permitted by applicable law, up2bo is not liable for indirect or consequential losses, loss of business, loss of revenue or profits, loss of opportunity, or loss resulting solely from reliance on a search result, where such liability may lawfully be excluded or limited.

Nothing in these Terms excludes or limits liability where doing so would be prohibited by applicable law. In particular, nothing in this section limits your mandatory rights or remedies relating to non-conforming digital content, or any liability that cannot legally be excluded or limited.

12. Suspension and termination of the license

Your SMail 4 license is perpetual and does not expire merely because a particular period of time has passed.

up2bo will not terminate or revoke a valid paid SMail license without a legitimate reason.

If you materially breach these Terms, including by deliberately circumventing SMail's licensing or activation controls, using a License key to provide unauthorized use to other persons, or otherwise using SMail substantially outside the rights granted by your license, up2bo may take reasonable measures to protect the software and licensing system.

Where appropriate, we will first give you a reasonable opportunity to correct the breach. If the breach is serious, cannot reasonably be corrected, or continues after you have been asked to correct it, up2bo may suspend affected activations or terminate the license to the extent permitted by applicable law.

Any action taken under this section must be proportionate to the nature and seriousness of the breach.

Termination of a license ends your contractual right to continue using SMail under that license. It does not affect rights or remedies that arose before termination.

Nothing in this section allows up2bo to terminate a license merely to require you to purchase a newer version of SMail, and nothing in this section limits any rights or remedies that cannot lawfully be excluded or limited under applicable law.

13. Governing law and disputes

These Terms and your agreement with up2bo are governed by Belgian law.

If you are a consumer, this choice of Belgian law does not deprive you of the protection provided by mandatory provisions of the law that would apply to you in the absence of this choice, including mandatory consumer protection rights applicable in the country of your habitual residence.

If you have a complaint or dispute concerning SMail, we encourage you to contact us first at support@smailsearch.com so that we can try to resolve the matter directly.

If you are a consumer and a dispute cannot be resolved directly, you may also have access to applicable consumer dispute-resolution bodies or other remedies available under applicable law.

Nothing in these Terms restricts your right to bring proceedings before a court that has jurisdiction under applicable law.

Where you are not acting as a consumer, disputes arising from these Terms or the use or licensing of SMail are subject to the competent courts of Belgium, unless applicable law requires otherwise.

14. Changes to these Terms

up2bo may update these Terms from time to time, for example to reflect changes to SMail, applicable law, regulatory requirements, security requirements, our business or the services used in connection with SMail.

The Terms that applied when you purchased your SMail license remain relevant to that purchase and the rights granted under it.

We will not use a later version of these Terms to retrospectively remove the essential rights granted under an existing paid SMail license, including the perpetual nature of a SMail 4 license, except where a change is required by applicable law.

Where a change to these Terms affects an existing customer and notice is required by applicable law, we will provide the required information in a clear and understandable manner.

Changes to SMail itself, including updates to digital content, remain subject to any rights and protections that apply under mandatory consumer law.

The current version of these Terms will be made available on the SMail website and will state the date on which it was last updated.

Nothing in this section permits up2bo to modify an existing contract in a manner that is prohibited by applicable law.

15. Privacy and data processing

SMail is designed around local processing. As described in our Privacy Policy, normal email content, the local SMail search index, search queries and SMail's local relevance-learning information remain on your computer during normal indexing and searching.

Certain SMail features require or may involve external communication, including licensing operations, optional Pushover notifications when enabled, and support information that you choose to send to up2bo.

The SMail website and related online services also involve processing necessary to provide, secure and operate those services.

Details about what personal data may be processed, the purposes and legal bases for processing, recipients, international transfers, retention, your rights and how to contact us are provided in the SMail Privacy Policy, available on the SMail website.

The Privacy Policy forms the primary source of information about up2bo's processing of personal data in connection with SMail and the SMail website.

Nothing in these Terms reduces any rights you have under applicable data-protection law.

16. Third-party software and services

SMail may interact with or depend on software, services or infrastructure provided by third parties.

In particular, SMail requires a supported Microsoft Windows and Microsoft Classic Outlook environment. Certain optional features may also use third-party services, such as Pushover, when you choose to enable and configure them.

Your SMail license does not include or grant you a license to Microsoft Windows, Microsoft Outlook, Pushover or any other third-party product or service. You are responsible for obtaining and maintaining any third-party software, account, subscription or other right that is required for your chosen use of SMail.

Third-party products and services are provided and controlled by their respective providers and may be subject to their own terms, privacy policies, availability, technical requirements and charges.

up2bo does not control third-party products or services and cannot guarantee their continued availability, functionality or compatibility with SMail. Changes made by a third-party provider may affect SMail or a particular SMail feature, as further described in Section 7.

Where SMail provides an optional integration with a third-party service, your decision to enable that integration does not make up2bo responsible for the independent operation of that third-party service.

Nothing in this section excludes or limits any responsibility of up2bo, or any rights or remedies available to you, where such responsibility, rights or remedies cannot lawfully be excluded or limited.

17. Availability of SMail and online services

SMail is primarily a locally installed desktop application. However, certain functions require access to online services, including operations relating to trial activation, license activation, deactivation and license verification.

up2bo takes reasonable measures to maintain the availability and security of the online services required for SMail, but does not guarantee that those services will be available without interruption at all times.

Online services may occasionally be unavailable or affected by maintenance, security measures, technical failures, internet or network problems, third-party infrastructure, or circumstances outside up2bo's reasonable control.

Temporary unavailability of an online service does not by itself terminate your SMail license or change the perpetual nature of a valid paid SMail 4 license.

Where reasonably practicable, up2bo will take appropriate steps to restore an online service for which it is responsible following an interruption.

Nothing in this section excludes or limits any rights or remedies available to you under applicable mandatory law, including rights relating to the conformity of digital content.

18. Support

up2bo provides a support channel for SMail at support@smailsearch.com.

If you experience a technical problem with SMail, you can use Help → Send to Support… within SMail to prepare a support email and attach a diagnostic .smailreport. You may review and edit the email before sending it.

When contacting support, you may be asked to provide information reasonably necessary to identify your license, understand the problem and investigate your SMail installation. The handling of support information is described in the SMail Privacy Policy.

up2bo will make reasonable efforts to investigate and respond to legitimate support requests, but does not guarantee a particular response time or resolution time unless such a commitment is expressly provided separately.

Support does not include an obligation to modify SMail to accommodate unsupported software, hardware, Outlook configurations, third-party changes or individual feature requests.

A perpetual SMail license is a perpetual right to use the licensed software in accordance with these Terms. It does not constitute a promise that individualized technical support will be provided indefinitely for that SMail version.

Nothing in this section limits any support, conformity, update, guarantee or other assistance that up2bo is required to provide under applicable mandatory law.

19. Severability and entire agreement

If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will apply only to the extent that it is legally valid and enforceable. Where appropriate, the invalid or unenforceable part will be disregarded without affecting the validity of the remaining provisions, to the extent permitted by applicable law.

These Terms, together with the information expressly applicable to your purchase and license, set out the contractual terms governing your purchase and use of SMail.

Nothing in this section excludes information, representations or commitments that form part of the contract under applicable mandatory law, or limits any rights that cannot lawfully be excluded or restricted.

20. Contact and company information

SMail is developed and published by:

up2bo
Het Hoog 7
2288 Bouwel
Belgium
Belgian enterprise number: 0675.719.915

For questions about SMail, your license, these Terms or technical support, contact:

support@smailsearch.com

Additional contact information required by applicable law will be made available through the SMail website or during the purchasing process, as applicable.