SendBoard Terms of Service
Last updated: 19 June 2023
Parties
Email for Trello (herein “Email for Trello”) is a product of SendBoard (a division of Codeo BV, the Netherlands). When we refer to "SendBoard", "we", “our” or "us" in these Terms of Service, we mean Codeo BV and its affiliated companies. When we refer to you, the user of Email for Trello and the Services, we refer to you as the “User", "you" or “your”, as appropriate.
Agreement
These Terms of Service constitute an agreement that is applicable to:
the SendBoard website (SendBoard.com);
the Email for Trello Power-Up (herein the “Email for Trello Power-Up”);
your Email for Trello account, which is created when you add the Email for Trello Power-Up, thereby to authorise Email for Trello in Trello;
your use of Email for Trello services, including services provided by way of the SendBoard website, your Email for Trello account, the Email for Trello Power-Up, SendBoard maintenance and support services, SendBoard communication services, and the services of Sub-processors (herein the "Services");
your interaction with us through third-party websites, services and Sub-processors — in providing the Services, SendBoard is assisted by SendBoard affiliates and third-party service providers, including social networking service providers and Internet service providers (herein “Sub-processors”), which are engaged, among other things, in the provision of the Services as well as the support, servicing, maintenance, operation and development of Email for Trello and the Services;
your use of the SendBoard website (SendBoard.com), Email for Trello, the Email for Trello Power-Up and the Services;
your registration as a User of Email for Trello and the Email for Trello Power-Up through the “Add the Power-Up” process, which is an online Email for Trello User registration process in which you agree to these Terms of Service;
information, text, graphics, photos, audiovisual material, data and any other materials and content (collectively “Content”) created by SendBoard and published in the Email for Trello Power-Up and the Services;
your use of the Email for Trello Power-Up — every time the Email for Trello Power-Up is activated, for instance by adding the Email for Trello Power-Up to a Trello board, you confirm your agreement to these Terms of Service;
the SendBoard Privacy Policy, the terms and conditions of which are incorporated herein by reference; and
the SendBoard Data Processing Addendum attached to these Terms of Service, the terms and conditions of the SendBoard Data Processing Addendum being incorporated herein by reference; and
the SCC Addendum attached to the SendBoard Data Processing Addendum, the terms and conditions of the SCC Addendum being incorporated herein by reference.
Where appropriate, any reference to these Terms of Service will include the SendBoard Privacy Policy and the SendBoard Data Processing Addendum, which incorporates by reference, an addendum (the SEC Addendum) that incorporates the Standard Contractual Clauses required for compliance with the GDPR (the European Union General Data Protection Regulation - EU2016/679).
Your confirmation of your agreement with these Terms of Service in the Trello “Add the Power-Up” process and your continuing use of Email for Trello and the Services constitute your agreement to the terms and conditions of these Terms of Service.
SendBoard hereby accepts and concludes this agreement with you on the understanding that these Terms of Service constitute the entire agreement between you and SendBoard.
Terms of use
It is a condition of your access to and use of the Services that you shall not, without the prior written consent of SendBoard, either directly or indirectly, through or in conjunction with a third party:
copy the Services except as may be necessary to access and use the Services on your computer/s or mobile device/s, in the normal course and as intended by SendBoard;
dispose of any disposable item forming part of the Services to any third party in any way including letting, renting or transferring the Email for Trello software, the Content or any part thereof to any third party;
sub-license, assign, cede or delegate any right in or to the Services or any right granted in this Agreement;
delete or remove any proprietary notice, label or mark from any marked item forming part of the Services;
reverse engineer the Email for Trello software or the Services, in whole or in part;
derive or attempt to derive any normally concealed source code forming part of the Email for Trello software;
adapt, modify or create any derivative work based on any item or Service forming part of the Services, including the Email for Trello software or any Content, in whole or in part;
make the Services available to any third party, including incorporating or retaining the Services in computer equipment disposed of by you;
use the Services if you are under the age of 18 years, unless you have the express permission of your parent or legal guardian;
use the Services, in whole or in part, for any reason other than the purpose intended;
interfere with or impair any other person’s use or enjoyment of the Services in any manner.
Access
Aspects of the Services may be accessed only when you are signed into your Trello account. It is a condition of your access to and use of the Services that you shall take all steps necessary to protect your Trello account login credentials and keep them secret and that you shall not disclose your login details to anyone else or allow anyone else to use your login credentials or account.
If you fail to keep your login credentials secret, or if you fail to keep your access token secure (it is stored in a cookie on your device), or if you share your login credentials or Services account with someone else (whether intentionally or unintentionally), you accept full responsibility for any and all consequences arising, including any unauthorised purchases, and you agree to compensate SendBoard fully for any losses or harm that may result. We will not be responsible to you for any loss you might suffer as a result of an unauthorised person accessing your account and using our Services and we accept no responsibility for any losses or harm resulting from unauthorised use, whether fraudulent or otherwise.
With the exception of Services specifically marked as single device Services, you will be entitled to install, use and access the Services non-concurrently on multiple devices — the Services typically do not allow multiple concurrent access.
We reserve the right to create limits on use and storage of Services and Content at our sole discretion and at any time, without prior notice to you.
Third parties
Access and use of Email for Trello and the Services with the assistance of a third party might create a tacit or express contractual relationship with the third party — this could happen, for instance, if you access Email for Trello at the invitation of the owner or creator of a Trello board, if you access Email for Trello with the assistance of a team leader or if you access Email for Trello by arrangement with an organisation such as a company that has an enterprise-level agreement concerning the use of Trello, for example, a Trello Enterprise or Business Class account. Regardless of any such third party contractual arrangement, SendBoard concludes the agreement constituted by these Terms of Service with you on the understanding that SendBoard will be bound by the terms and conditions of these Terms of Service only, which is and remains personal to you, your Email for Trello account and your use of Email for Trello and the Services.
Sub-processors
SendBoard is assisted by SendBoard affiliates and third-party service providers (“Sub-processors”), which are engaged, among other things, in the provision of services pertaining to the development and maintenance of Email for Trello and SendBoard will be entitled, in its entire discretion, to delegate any obligation arising out of these Terms of Service to a Sub-processor (for more information relating to SendBoard Sub-processors, see this list of SendBoard Sub-processors).
Licence Grant
SendBoard hereby grants to the User, on the terms and conditions set out in these Terms of Service and for as long as the User has access to a Trello team or board that is connected to Email for Trello with an active account, a non-exclusive, non-transferable licence to use the Services, which SendBoard, on notification to the User, may vary from time to time.
Email for Trello and the Services are licensed for distribution and use only and are not ever sold and, in this regard, in the event that any Service item is licensed under a once-off licence fee, this does not amount to or constitute a sale or purchase of the Service item in issue.
Subscriptions
Email for Trello subscriptions are charged on the basis of a cost per activated (with SendBoard) Trello User per month, which costs are set out from time to time in the Email for Trello registration and authorisation processes and which costs and processes SendBoard will be entitled to vary from time to time on notice to Users.
In the event that a User’s subscriptions are not paid, the User’s Email for Trello account will be deactivated, but reactivation is possible by payment of all unpaid subscriptions within 60 days. In the event of deactivation of an Email for Trello account, all the User’s Trello cards current at the time of deactivation will remain available to the User, but new incoming emails will no longer be processed and the User will not be able to send any emails on that Email for Trello account pending reactivation of the Email for Trello account.
Cancellation and Termination
An account administrator of your Trello workspace may schedule to cancel your Email for Trello account by going to your Power-Up Account Settings and cancelling your account. An email or phone request to cancel your account is not considered cancellation. You will not be charged after cancellation. There is no cancellation fee.
In the event of cancellation, your account will be deactivated at the end of your subscription period.
Service Level Agreement (SLA)
SendBoard makes every effort to ensure that the Email for Trello Power-Up is free of intrinsic errors or defects (software bugs), but makes no warranties in this regard.
SendBoard maintenance services, which are undertaken at no cost to Users, are directed at maintaining the Services and not specifically at supporting Users’ use of the Services.
In the event that an error is found in the Email for Trello Power-Up that contributes to the Email for Trello Power-Up not functioning according to SendBoard published specifications, SendBoard will, in its discretion and with the assistance of a Sub-processor if necessary, investigate, resolve and correct the error as appropriate and distribute the corrected Email for Trello Power-Up to any one or more of a User originally affected by the intrinsic error or to all Users, as SendBoard, in its discretion, deems appropriate.
SendBoard and the Services are constantly innovating and evolving. We reserve the right to modify or discontinue any Service or part of a Service temporarily or permanently, on notice to you or otherwise.
Email for Trello is programmed to communicate automatically with our servers for the purposes of:
automatic software updates | email for Trello is programmed to send and receive information relating to the Services to and from SendBoard’ computers for purposes of updating email for Trello, typically automatically and without notification to you;
error reporting and correction | in the event that your access to and use of the Services reveals any software error, email for Trello is programmed to send information to and from SendBoard’ computers for purposes of reporting and analysing the error and, if appropriate, correcting the error, typically automatically and without notification to you; and
usage data | email for Trello collects data about your access to and usage of the Services to assist in improving email for Trello.
These features may not be disabled. Your access and use of the Services constitutes your consent to such communication and updating and your agreement, specifically, that email for Trello may be used, automatically and without notice to you, to communicate with the computer/s or mobile device/s you use to access the Services, install email for Trello software updates, identify, analyse and correct errors in email for Trello and collect usage data in and from the computer/s or mobile device/s, without your further notice or additional consent being required.
SendBoard might develop the Email for Trello Power-Up in a manner that gives rise to the introduction of a new version or new release of the Email for Trello Power-Up and, as part of maintenance services, SendBoard will notify Users from time to time of the availability of any such new version or release of the Email for Trello Power-Up and the cost at which such a new version or release will be made available to Users. Users will not be compelled to acquire a licence in respect of a new version or release, but SendBoard reserves the right, on prior written notice to Users, to terminate all maintenance services in respect of any version or release of the Email for Trello Power-Up superseded by a new version or release.
Privacy and Security
The SendBoard Privacy Policy and Data Processing Addendum are incorporated in these Terms of Service by reference and the User accepts the Privacy Policy and Data Processing Addendum as binding.
SendBoard implements and maintains in effect:
technical and organisational measures to protect your personal data against unauthorised or unlawful processing and against accidental loss, destruction, damage, theft, alteration or disclosure — these measures shall be appropriate to the harm which might result from any unauthorised or unlawful processing, accidental loss, destruction, damage or theft of user personal data and appropriate to the nature of the user personal data which is to be protected;
policies and procedures designed to ensure compliance by SendBoard and its subprocessors with the applicable anti-corruption laws, including USA Foreign Corrupt Practices Act, 1977 (15 U.S.C. §§ 78dd-1), the United Kingdom Bribery Act, 2010 (c.23) as well as the applicable national laws of the countries of the European Union directed at implementation of the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (OECD, 1997); and
policies and procedures designed to ensure compliance by SendBoard and its subprocessors with the applicable data protection laws, including EU Directive 95/46/EC and the corresponding domestic legislation of each EU Member State, the European Union General Data Protection Regulation (EU2016/679) (GDPR), the United Kingdom Data Protection Act, 2018 and/or any equivalent legislation in the jurisdictions(s) where the Services are from time to time provided or performed.
If we become aware of any accidental, unauthorised or unlawful destruction, loss, alteration, or disclosure of, or access to any user personal data that we process in the course of providing the Services, we will notify you without undue delay.
The User undertakes:
to ensure that the User is familiar with and is and remains in compliance with the anti-corruption and data protection laws in using the Services; and
the User undertakes, further, not to make use of the Services to transmit or store any content or material of an obscene, indecent or defamatory nature.
Confidentiality
All information pertaining to SendBoard, the Email for Trello Power-Up and the Services constitute, and shall constitute, confidential information of SendBoard.
The User undertakes to maintain the SendBoard confidential information in the strictest confidence and to protect and keep the confidential information in confidence using the same degree of care and safeguard as it uses to protect its own proprietary information of like importance.
Intellectual Property and Intellectual Property Rights
The term “Intellectual Property” means the intellectual property in the Services and any addition thereto or any development or adaptation thereof and in any and all works associated with the Services, including, without limitation:
the content, look and feel of any web application, web page or website associated with the Services; and
the trade marks CODEO, SENDBOARD, EMAIL FOR TRELLO and any and all other trademarks and trade markings used by SendBoard on and in relation to the Services, whether eligible for registered trade mark protection in terms of trade mark law or not.
For the purposes of these Terms of Service, the term “Intellectual Property Rights” shall mean all rights in and to the Intellectual Property, including patent rights, trade mark rights, design rights, rights of copyright, rights to confidentiality and rights of proprietorship in and to the Intellectual Property, all of which vest and shall vest in SendBoard and its duly authorised representatives and assignees.
SendBoard claims no intellectual property rights over the material provided to the Services by the User, including account details, account logo and the content contained within emails sent and received through use of the Services. SendBoard does not pre-screen User content, but reserves the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Services.
SendBoard obligations
SendBoard hereby undertakes to supply the Services to the User, for use in accordance with the terms and conditions of these Terms of Service and to provide prompt resolution to any technical issue relating to the Services, in the manner determined in these Terms of Service.
SendBoard will be entitled to use access limiting and copy prevention devices (such as encryption and passwords) in conjunction with the Services and to withhold access to the Services unless the User holds a valid Services licence (a validly paid-up Email for Trello account).
Obligations and undertakings of the User
The Services and all documentation forming part thereof as well as the trade marks and proprietary names and commands used in and in conjunction with the Services are proprietary to SendBoard.
The User acknowledges these proprietary rights and undertakes not to infringe these rights, nor to remove any product notifications, trade marks or notices of rights contained in the Services.
The User undertakes (other than is specifically permitted in these Terms of Service):
not to copy, reproduce, or translate the Services nor to make the Services accessible or available for the use of any third party, either partly or completely, without the prior written consent of SendBoard;
not to use or permit any person to use any Services nor permit the use thereof in the operation of any business or undertaking, which permits access to, or shared use of Services by or for the benefit of a person or persons not licensed to gain such access, use or benefit; and
not to use the SendBoard trade marks, product names and logos in any way not previously approved in writing by SendBoard or in a manner that might imply that such SendBoard corporate and product trade marks, names and logos are the property of the User.
Warranties and indemnities
SENDBOARD MAKES NO WARRANTIES OTHER THAN THAT SENDBOARD AND THE SERVICES WILL PERFORM SUBSTANTIALLY IN ACCORDANCE WITH SENDBOARD’S PUBLISHED SPECIFICATIONS. IN PARTICULAR, SENDBOARD DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, TO THE USER REGARDING THE SERVICES, OR THE CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE OF THE SERVICES, INCLUDING ANY WARRANTIES REGARDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND, ACCORDINGLY, THE USER INDEMNIFIES SENDBOARD AGAINST ANY CLAIM FOR LOSS OR DAMAGES, INCLUDING INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES AND/OR LOSS OF PROFIT, REGARDLESS OF WHETHER SUCH CLAIM IS FOUNDED IN CONTRACT, DELICT, TORT, STATUTE OR ANY CAUSE OF ACTION WHATSOEVER, EXCEPT WHERE SUCH LOSS OR DAMAGE IS CAUSED BY WILFUL MISCONDUCT OR GROSS NEGLIGENCE ON THE PART OF SENDBOARD.
SendBoard will not be liable at all for any delay, failure, breakdown, damage, expense or injury caused by:
equipment and/or services provided by entities and persons under the control of the User and over whom SendBoard cannot exercise effective control;
the actions or requirements of government or a supplier of data services or telecommunications services;
repairs or replacements necessitated by accidental damage, operator errors, abnormal operating conditions, improper use, misuse or abuse of the Email for Trello Power-Up;
causes external to the Email for Trello Power-Up such as failures in the computer equipment on which the Email for Trello Power-Up is operational; or
equipment or services provided by entities and persons under the control of the User and over whom SendBoard cannot exercise effective control.
The User shall not, whether on its own or with the assistance of a third party, alter, modify or add to the Email for Trello Power-Up without the prior written agreement of SendBoard and if the User, notwithstanding this injunction nevertheless alters, modifies or adds to the Email for Trello Power-Up, then, in addition to any other rights SendBoard might have to restrain such User conduct:
SendBoard shall not have nor assume responsibility or liability in respect of any such alterations, modifications or additions;
SendBoard does not guarantee the interoperability of the software so modified or added with the Email for Trello Power-Up; and
SendBoard will not be liable to compensate the User or any third party for products supplied or work done by the User or the third party.
SendBoard assumes no liability for any intellectual property rights infringement that arises out of use of the Services in combination with services, software or products if infringement in this manner would not have occurred but for such combination.
Further information, complaints, changes & questions
If you require any additional information or if you are at all concerned that these Terms of Service are in any way incompatible with the laws in your country or the country from which you access Email for Trello and the Services, you are welcome to contact SendBoard by email sent to hello@sendboard.com, providing sufficient detail to enable SendBoard to address your concerns or requests.
SendBoard may, in its entire discretion and at any time, update these Terms of Service and any annexure or addendum included herein by reference, including the SendBoard Data Processing Addendum and the SCC Addendum annexed thereto. We will notify you about significant changes by emailing Email for Trello account owners or by placing a prominent notice on the SendBoard website. Your continued use of Email for Trello after any such notification will be deemed to constitute your agreement with the updated Terms of Service.
Questions about these Terms of Service?
Please get in touch and we will be happy to answer.
Contacting SendBoard
For complaints, changes and if you have any questions concerning SendBoard or the Services, we can be contacted at the following address:
Codeo BV
Fred. Roeskestraat 115,
1076EE, Amsterdam
The Netherlands