End User License Agreement

IMPORTANT - READ CAREFULLY

This End User License Agreement ("Agreement") is a legal agreement between you (either an individual, a business entity, or an organization) ("Licensee" or "You") and Piler ("Licensor") for the software product identified above, which includes computer software and associated media and printed materials, and may include "online" or electronic documentation ("Software").

BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE.

1. GRANT OF LICENSE

1.1. Direct Use License: Subject to the payment of applicable license fees and subject to the terms and conditions of this Agreement, Licensor hereby grants to Licensee a non-exclusive, non-transferable license to use the Software for the term specified in the license purchase.

1.2. Service Provider License: If the applicable license permits, Licensee may use the Software to provide email archiving services to third parties ("End Clients"). Licensee remains responsible for compliance with all terms of this Agreement, including with respect to any use of the Software by its End Clients.

2. LICENSE TERM AND RENEWAL

2.1. The license granted herein is valid for a period of one (1) year from the date of activation ("Initial Term"), unless otherwise specified in the applicable order form.

2.2. This license shall automatically expire at the end of the Initial Term or any Renewal Term unless Licensee purchases a renewal license. Licensee is responsible for timely renewal to maintain access and functionality.

2.3. Upon expiration of the license, the Software will cease to function, and Licensee acknowledges that this may result in the inability to access archived emails and related functions.

2.4. Licensor has no obligation to provide access to archived data after expiration, except as allowed under Section 2.5.

2.5. LICENSOR BEARS NO RESPONSIBILITY FOR ANY CONSEQUENCES, DAMAGES, OR LOSSES RESULTING FROM THE EXPIRATION OF THE LICENSE AND SUBSEQUENT LOSS OF FUNCTIONALITY, INCLUDING ANY IMPACT TO SERVICES PROVIDED BY LICENSEE TO END CLIENTS. Upon license expiration, the Software will cease to function, and Licensee will not be able to access archived emails or use the export functionality. Licensee may request a temporary, time-limited license extension from Licensor solely for the purpose of exporting archived data. Such extensions are granted at Licensor's discretion and typically range from 7 to 14 days.

2.6. Licensee acknowledges that early termination for convenience does not entitle Licensee to any refund of fees, unless otherwise agreed in writing. Licensor may offer grace periods or extensions at its discretion.

3. RESTRICTIONS

3.1. Licensee shall not reverse engineer, decompile, or disassemble the Software.

3.2. Licensee shall not rent, lease, lend, sell, redistribute, sublicense, or transfer the Software except as expressly permitted under a Service Provider License.

3.3. Licensee shall not modify, adapt, or create derivative works based upon the Software.

3.4. Licensee shall not remove any proprietary notices or labels on the Software.

3.5. Licensee shall comply with all applicable laws, regulations, and export control restrictions in connection with use of the Software.

3.6. Licensee shall not use the Software for any illegal, harmful, or unauthorized purpose, including violations of privacy or anti-spam laws.

3.7. Licensor reserves the right to audit Licensee's compliance with this Section 3 upon reasonable notice and during normal business hours. Audits shall be conducted to minimize disruption and may include verification of license usage and access controls.

3.8. Licensee shall not attempt to bypass, tamper with, or hack the Software’s licensing mechanisms, including but not limited to modifying license files, using unauthorized keys, or exploiting vulnerabilities to circumvent license verification.

4. OWNERSHIP

The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold. Licensor retains all rights, title, and interest in and to the Software, including all copyrights, patents, trade secret rights, trademarks, and other intellectual property rights therein.

5. LIMITED WARRANTY

THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE.

6. LIMITATION OF LIABILITY

6.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF DATA, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6.2. IN NO EVENT SHALL LICENSOR'S TOTAL LIABILITY TO LICENSEE FOR ALL DAMAGES IN ANY ONE OR MORE CAUSES OF ACTION EXCEED THE AMOUNT ACTUALLY PAID BY LICENSEE FOR THE SOFTWARE.

6.3. LICENSOR SPECIFICALLY DISCLAIMS ANY AND ALL LIABILITY FOR DAMAGES OR LOSSES RESULTING FROM:

• License expiration or termination, including loss of functionality or access to archived data;
• Failure to install updates, patches, or maintenance releases;
• Use of the Software with third-party systems or integrations;
• Any illegal or unauthorized actions by Licensee or End Clients.

6.4. IF LICENSEE IS PROVIDING SERVICES TO END CLIENTS, LICENSEE AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS LICENSOR FROM ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, COSTS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, ARISING FROM OR RELATING TO LICENSEE'S END CLIENTS' USE OF THE SOFTWARE OR SERVICES PROVIDED BY LICENSEE.

6.5. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. In such cases, Licensor's liability is limited to the maximum extent permitted by law.

6.6. The limitations of liability set forth in this Section 6 apply even if Licensor was negligent, except to the extent prohibited by applicable law.

6.7. Licensor shall have no liability for delays or failures caused by circumstances beyond its reasonable control, including natural disasters, strikes, governmental actions, network outages, or other force majeure events.

7. DATA PROTECTION AND PRIVACY

7.1. Licensee is solely responsible for compliance with all applicable data protection and privacy laws related to the data processed by the Software, including any data of End Clients if Licensee is providing services to third parties.

7.2. Licensee acknowledges that expiration of the license may impact the ability to access archived data and is solely responsible for ensuring compliance with any data retention regulations or requirements applicable to Licensee or its End Clients.

8. BACKUP AND DATA SECURITY

8.1. Licensee is solely responsible for backing up any data processed by the Software. Licensor shall not be responsible for any loss of data for any reason.

8.2. Licensee is responsible for implementing and maintaining appropriate security measures to protect the data processed by the Software.

9. TERMINATION

Without prejudice to any other rights, Licensor may terminate this Agreement if Licensee fails to comply with the terms and conditions of this Agreement. In such event, Licensee must destroy all copies of the Software and cease providing any services based on the Software to End Clients. No refund will be provided for any remaining license period upon termination for breach.

10. UPDATES AND SUPPORT

10.1. Licensor may, at its discretion, provide updates, patches, or support services for the Software. Such services may be subject to separate terms and fees.

10.2. Licensor may discontinue updates, maintenance, or support at any time without prior notice. Licensee acknowledges that continued operation of the Software may depend on such updates and support.

10.3. Licensee is responsible for applying updates in a timely manner to ensure software security and functionality. Licensor shall not be liable for any issues arising from failure to install updates or patches.

10.4. Updates or support provided do not guarantee compatibility with third-party systems, data integrity, or uninterrupted operation of the Software. Licensee is responsible for testing and validating updates before deployment.

10.5. Support services, including troubleshooting or guidance, are provided "AS IS" without warranty of any kind, either express or implied. Licensor bears no liability for any outcome resulting from such support.

10.6. Force Majeure: Licensor shall not be liable for delays or failures to provide updates or support due to circumstances beyond its reasonable control, including natural disasters, network outages, or legal restrictions.

10.7. Audit and Compliance: Licensor reserves the right to request reasonable evidence from Licensee to verify license compliance during support engagements, but such audits shall be conducted with minimal disruption to Licensee operations.

10.8. Licensee is not required to install updates or patches for continued license compliance. Updates are provided at Licensor’s discretion for security, maintenance, or feature improvements.

10.9. Licensor may deprecate features, modify functionality, or change data formats within the Software. Licensee is responsible for adapting to such changes as needed.

11. USAGE DATA COLLECTION AND BILLING

11.1. Required Data Transmission: The Software periodically transmits aggregated usage statistics to Licensor's billing servers (billing1.mailpiler.com and billing2.mailpiler.com) for license compliance verification and billing purposes. By using the Software, Licensee consents to this data transmission.

11.2. Data Collected: The transmitted usage data includes:

• Installation ID (unique identifier)
• Server ID
• Customer name
• Timestamp
• Per-domain statistics: domain names, active user counts, and total email counts

11.3. No Personal Data or Email Content: The usage statistics do NOT include any email content, email metadata (subjects, senders, recipients), personal identifiable information, or message-level data. Only aggregated domain-level statistics are transmitted.

11.4. Purpose: Usage data is used solely for license compliance verification, accurate billing calculation, and capacity planning. Data is retained for accounting and legal compliance purposes.

11.5. Network Requirements: Licensee must allow outbound HTTPS connections from the Software to billing1.mailpiler.com and billing2.mailpiler.com (port 443). Failure to allow these connections may result in license compliance issues.

11.6. Data Security: All usage data transmissions are encrypted using TLS/HTTPS. Licensor implements appropriate technical and organizational measures to protect collected usage data.

12. MACHINE LEARNING FEATURES

12.1. The Software includes machine learning-based phishing detection features that analyze email content, headers, and metadata to identify potential security threats.

12.2. Licensee acknowledges that ML models may be updated periodically to improve detection accuracy. Such updates do not constitute material changes to the Software.

12.3. Local Processing: All ML analysis occurs locally on Licensee's infrastructure. No email content or personal data processed by ML features is transmitted to Licensor or third parties. ML models are embedded in the Software and operate offline.

12.4. ML detection results are logged within the Software's audit system for compliance and security review purposes.

13. DATA RESIDENCY

13.1. All email data and related archives are processed and stored exclusively on Licensee's infrastructure. Licensor does not host, access, or store any email content or personal data.

13.2. Licensee retains full control over the geographic location, jurisdiction, and security of stored data, and is solely responsible for compliance with applicable laws, regulations, and retention policies.

13.3. Licensor may collect only aggregated usage statistics for license compliance and billing, as described in Section 11. Such statistics do not include email content, message-level metadata, or personal data.

13.4. Licensee is responsible for implementing and maintaining appropriate technical, organizational, and administrative measures to protect archived data, including secure backup, access controls, encryption, and incident response procedures.

13.5. Licensor shall have no liability for any legal requests, subpoenas, or other governmental demands related to data stored on Licensee infrastructure. Licensee is responsible for handling such requests in accordance with applicable law.

13.6. Audit Rights: Licensor may request reasonable evidence of Licensee's compliance with Sections 13.1–13.4 for purposes of license verification, but such requests shall not unreasonably interfere with Licensee’s operations.

13.7. Licensee agrees to notify Licensor promptly of any data breach or security incident related to the Software that may affect its operation or compromise the integrity of the Software. Such notifications are required solely to allow Licensor to investigate and remedy potential product security issues.

14. GOVERNING LAW

This Agreement shall be governed by the laws of Hungary, without regard to conflicts of law provisions. The parties agree to submit to the exclusive jurisdiction of the courts located in Budapest, Hungary.

15. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties with respect to the Software and supersedes all prior or contemporaneous understandings regarding such subject matter.

16. SEVERABILITY

If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and the remaining provisions of this Agreement shall not be affected.

17. ACKNOWLEDGMENT

BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, LICENSEE ACKNOWLEDGES THAT LICENSEE HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.