End-User Licence Agreement
This EULA is a licence for our software — the software is licensed to you, not sold.
This End-User Licence Agreement (“EULA”) is a legal agreement between you — either an individual or a single legal entity — and Datgel Asia Pte. Ltd. (UEN 201132358H), a company incorporated in Singapore (“Datgel”, “we”, “us” or “our”), for Email Sprucer, together with associated documentation and updates (the “Software”). It supplements our Terms of Use. By installing, copying, accessing or using the Software, you agree to this EULA. If you are accepting on behalf of an organisation, you represent that you have authority to bind that organisation.
1. Licence grant
Subject to your compliance with this EULA and the Terms of Use, and for paid plans payment of the applicable fees, Datgel grants you a limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to download, install and use the Software on devices you own or control.
Unless your order or plan states otherwise, the licence is provided on a per-user (per-seat) subscription basis, and lasts for the duration of your active subscription or trial. It ends automatically when the subscription lapses, the trial expires, or this EULA terminates. For a business, you may allow your authorised employees and contractors to use the Software within your seat count, provided you remain responsible for their compliance with this EULA.
Where a free or trial tier is offered, it is licensed on the same terms but may have reduced functionality, usage limits, and no warranty or support commitment, and may be modified or withdrawn at any time.
2. Restrictions
Except to the extent this restriction is prohibited by applicable law, or permitted by the licence terms of any open-source components, you must not:
- copy, modify, or create derivative works of the Software, except as expressly permitted;
- reverse engineer, decompile or disassemble the Software, or attempt to derive its source code;
- rent, lease, lend, sell, redistribute, sublicense or provide the Software as a service to third parties, or make it available to anyone outside your licensed seats;
- remove, alter or obscure any proprietary notices, or circumvent any security, licensing, seat-enforcement or access controls; or
- use the Software to develop a competing product, or in any way that breaches the Terms of Use or the Acceptable Use Policy.
3. Ownership
The Software is licensed, not sold. Datgel and its licensors retain all right, title and interest in and to the Software and all intellectual-property rights in it. This EULA does not grant you any rights other than the licence expressly set out above. Your own data and content are governed by the Terms of Use.
4. Third-party and open-source components
The Software includes third-party and open-source components that are licensed under their own terms. Those terms are made available within the app and apply to the relevant components. In case of conflict, the applicable open-source licence governs its component.
5. Updates
We may provide updates, upgrades or patches to the Software, including automatic updates for direct-download desktop builds. This EULA governs any such updates unless they are accompanied by separate terms. Keeping the Software up to date helps ensure security and correct operation, and we may stop supporting older versions.
Desktop builds are code-signed so that your operating system can verify they come from us and have not been altered. The signing certificate is held by another company within the Datgel group — at the date of this EULA, Datgel Pty Ltd (Australia) — and not by Datgel Asia Pte. Ltd., so the publisher name your operating system shows when you install or update the Software may differ from the company named in this EULA. That is a signing arrangement only and does not change who you are contracting with: your agreement for the Software is with Datgel on these terms, and Datgel remains responsible for the Software.
6. Subscriptions and features
Some features require a paid subscription, and the Software may check your entitlement when it starts and periodically while running. Subscriptions, billing, cancellation and refunds are governed by the Terms of Use and the Refund & Cancellation Policy.
AI features. Some features use a third-party AI service and consume paid capacity. Where your plan includes an allowance, use beyond it may require you to supply your own API key or your own endpoint, and any charges from that provider are a matter between you and them. You are responsible for the content you send to an AI provider and for having the right to send it, and you must review AI-generated output before relying on it. What is sent, and to whom, is described in our Privacy Policy.
Preview features. We may offer features marked as preview, beta or experimental. They are provided as is, may change or be withdrawn without notice, and are excluded from any support or availability commitment.
7. Term and termination
This EULA applies until terminated. It terminates automatically if your subscription or trial ends, or if you breach it. On termination you must stop using and uninstall the Software. Sections that by their nature should survive (ownership, restrictions, disclaimers and limitation of liability) survive termination.
8. Disclaimer of warranties
To the fullest extent permitted by law, and subject to your non-excludable statutory rights, the Software is provided “as is” and “as available” without warranty of any kind. Datgel does not warrant that the Software will be uninterrupted, error-free or secure, or that outputs will be accurate. See also our Disclaimer.
9. Limitation of liability
To the fullest extent permitted by law, Datgel’s liability arising out of or in connection with the Software is limited as set out in the Terms of Use. Nothing in this EULA excludes liability that cannot lawfully be excluded.
10. Export and compliance
You must comply with all applicable export-control and sanctions laws, and you represent that you are not located in, or a resident of, a country or on a list subject to such restrictions that would make your use of the Software unlawful.
11. Marketplace terms
If you obtained the Software through the Microsoft commercial marketplace (AppSource), the following also apply:
- This EULA is between you and Datgel only, and not with Microsoft Corporation (the “Marketplace Provider”). The Marketplace Provider is not responsible for the Software or its content.
- The licence granted is limited to a non-transferable licence to use the Software as permitted by the applicable marketplace’s usage rules.
- The Marketplace Provider has no obligation to furnish maintenance or support for the Software. Datgel is solely responsible for support, and for any product warranties to the extent not effectively disclaimed. Any claim that the Software fails to conform to an applicable warranty may be directed to the Marketplace Provider, who may refund the purchase price (if any); to the maximum extent permitted by law, the Marketplace Provider has no other warranty obligation.
- The Marketplace Provider is not responsible for addressing any claims by you or a third party relating to the Software, including product-liability, regulatory or intellectual-property claims; Datgel is responsible as set out in this EULA and the Terms of Use.
- You represent that you are not in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and are not on any U.S. Government list of prohibited or restricted parties.
- The Marketplace Provider and its subsidiaries are third-party beneficiaries of this EULA and, upon your acceptance, will have the right to enforce it against you as it relates to the applicable marketplace.
12. Changes to this EULA
We may change this EULA from time to time — for example to reflect new features or changes in law. We reserve the right to update it at any time. When we make a material change, we will take reasonable steps to notify you before it takes effect — for example by posting a notice in the app, updating the effective date above, and/or emailing the address associated with your account. Your continued use of the Software after a change takes effect means you accept the updated EULA. If you do not agree, you must stop using and uninstall the Software.
13. Governing law
This EULA is governed by the laws of Singapore, and the courts of Singapore have exclusive jurisdiction, as set out in the Terms of Use, without prejudice to any non-excludable rights under the usage rules of a marketplace from which you obtained the Software.
14. Contact
Questions about this EULA? Contact us at [email protected], or write to Datgel Asia Pte. Ltd., 1 North Bridge Road, #08-08, High Street Centre, Singapore 179094.