Mail Diamond — Version 1.0 · Tec Diamond Inc.
This Agreement is between Tec Diamond Inc. ("Tec Diamond", "we", "us") and the purchaser ("Customer", "you"). By installing, activating, or using the Mail Diamond software ("the Product"), you acknowledge that you have read, understood, and agree to be bound by these terms. If you do not agree, do not install or use the Product.
1.1. Software Tool Only — No Email Accounts Provided. Mail Diamond is a software tool that runs on your own Windows computer to (a) manage and read email accounts that you ALREADY OWN through your own provider, and (b) send campaign emails through those existing accounts. Mail Diamond does NOT provide, sell, rent, or include any email accounts, mailboxes, domains, or sending capacity. You must have your own email account(s) before using the Product and remain solely responsible for them, including availability, passwords, and cost.
1.2. Platform and Language. This version is for Microsoft WINDOWS only (not macOS, Linux, ChromeOS, iOS, or Android). Installation and user interface are ENGLISH ONLY.
2.1. Anti-Spam Compliance. YOU are solely responsible for complying with all anti-spam and electronic messaging laws applicable to you and your recipients, including Canada's CASL, the U.S. CAN-SPAM Act, the EU GDPR/ePrivacy Directive, and the UK PECR. You will send campaigns only to recipients whose consent or lawful basis you have obtained and can demonstrate, identify yourself truthfully in every message, and honour unsubscribe requests promptly.
2.2. Prohibited Use. No unsolicited bulk email ("spam"), deceptive or fraudulent content, malware, or communications violating law or your provider's acceptable-use policies.
2.3. Email Provider Terms. Sending through the Product consumes the resources of YOUR email provider. You are responsible for your provider's terms, sending limits, and any suspension or throttling they apply. Tec Diamond is not responsible for provider decisions, and no refund or credit will be given for provider-side suspension, limitation, or termination.
3.1. A non-exclusive, non-transferable license to install and use the Product on ONE (1) computer, activated with your issued serial number. Perpetual (no subscription) for the version purchased.
3.2. You will not share, publish, resell, sublicense, reverse-engineer, or bypass the activation mechanism. Sharing your serial voids the license without refund.
4.1. Free upgrades whenever needed, through December 31, 2027.
4.2. Upgrades after that date are free or paid at Tec Diamond's sole discretion. Your purchased version continues to function; your license is not terminated.
5.1. Due to the digital nature of the Product and the instant delivery of a serial number, ALL SALES ARE FINAL and NO REFUNDS are offered after purchase, to the maximum extent permitted by applicable law — including if you later decide you do not want the Product, or your email provider suspends your account (see 2.3).
5.2. In place of refunds, Tec Diamond provides reasonable technical support at market@maildiamond.com, covering the Product itself (not third-party account configuration, training, or custom development).
6.1. As-Is Basis. The Product is provided "as is" and "as available", without warranty of any kind. Tec Diamond does not warrant error-free operation, email delivery, or that recipients will read or reply. Delivery depends on your provider, your lists, and your sending practices.
6.2. No Guarantee of Results. Response or business results depend entirely on your content, lists, and market. No earnings or outcome claims are made.
6.3. Limitation of Liability. To the maximum extent permitted by law, Tec Diamond's total liability shall not exceed the amount you paid. No liability for indirect, incidental, consequential, or punitive damages, lost profits, lost data, provider actions, recipient complaints, or regulatory fines arising from your anti-spam violations.
6.4. Indemnification. You agree to indemnify and hold harmless Tec Diamond from claims, fines, penalties, or expenses (including reasonable legal fees) arising from your violation of law, provider terms, or this Agreement.
7.1. Local Data. All your emails, contacts, campaigns, and logs are stored locally on your computer. Tec Diamond never receives, hosts, or processes your customer data or email content.
7.2. Activation Data. Activation transmits only your serial number and an anonymous machine identifier, used solely to verify your license.
8.1. Governing Law. The laws of the Province of Ontario, Canada.
8.2. Entire Agreement. This Agreement, with your purchase receipt, is the entire agreement and supersedes prior statements.
8.3. Severability. If any provision is unenforceable, the remainder stays in force.
8.4. Changes. Future purchases may be governed by updated terms; the version in force at your purchase governs your license.