Terms and Conditions of Service

General

General
1. The Vanishing Emails website (“Website”), web application (“Apps”), and related services (together with the Website and App, the “Service”) are operated by WPP, PLC (“WPP,” “us,” or “we”). Access and use of the Service is subject to the following Terms and Conditions of Service (“Terms and Conditions”). By accessing or using any part of the Service, you represent that you have read, understood, and agree to be bound by these Terms and Conditions including any future modifications. WPP may amend, update, or change these Terms and Conditions. If we do this, we will post a notice that we have made changes to these Terms and Conditions on the Websites for at least 7 days after the changes are posted and will indicate at the bottom of the Terms and Conditions the date these terms were last revised. Any revisions to these Terms and Conditions will become effective the earlier of (i) the end of such 7-day period or (ii) the first time you access or use the Service after such changes. If you do not agree to abide by these Terms and Conditions, you are not authorized to use, access, or participate in the Service.
Description of Website and Service
1. The Service allows users to scan their email inbox to identify expired promotional emails and to delete them. To use the service, you consent to grant WPP access to your inbox. WPP may, in its sole discretion and at any time, update, change, suspend, make improvements to or discontinue any aspect of the Service, temporarily or permanently.
Acceptable Use of the Services
1. You are responsible for your use of the Services. As part of your use of the Service, the email to which you’ve granted us access will be scanned and we will identify promotional emails that meet our search criteria. This search criteria is based on codes embedded into emails which include expired promotions; these codes are provided to us by participating partners. When the scan is complete, we will share all emails that have met our search criteria. It is your responsibility to review all identified emails and confirm which emails you wish to be deleted. Once you confirm deletion, the emails will be permanently deleted. We are not liable if emails are mistakenly identified as meeting our search criteria or if emails are deleted in error.
2. In connection with your use of the Services, no account is created. To use the Services, you must grant us access to your email address by providing us your login credentials. Once you have provided us with your login credentials, you are granted temporary access (one hour) to use the Services for that email address. Subsequent use of the Services will require you to repeat the step of providing us with access to your login credentials. Your personal information is handled as described in our Privacy Notice.
3. By using this web application, you agree (i) that the login credentials that you are providing are your own; (ii) to provide accurate, current and complete information about you as requested by WPP; (iii) to maintain the confidentiality of your password and other information related to the security of your account; and (iv) to be fully responsible for all use of your account and for any actions that take place through your account.
Your Representations and Warranties
1. You represent and warrant to WPP that your access and use of the Service will be in accordance with these Terms and Conditions and with all applicable laws, rules, and regulations of the United States and any other relevant jurisdiction, including those regarding online conduct or acceptable content, and those regarding the transmission of data or information exported from the United States and/or the jurisdiction in which you reside. You further represent and warrant that you have created or own any material you submit via the Service (including Activity Materials and Content) and that you have the right, as applicable, to grant us a license to use that material as set forth above or the right to assign that material to us as set forth below.
2. You represent and warrant that you are not: (1) organized under the laws of, operating from, or otherwise ordinarily resident in a country or territory that is the target of comprehensive U.S. economic or trade sanctions (i.e., an embargo); (2) identified on a list of prohibited or restricted persons, such as the U.S. Treasury Department’s List of Specially Designated Nationals and Blocked Persons; or (3) otherwise the target of U.S. sanctions.
Indemnification of WPP
1. You agree to defend, indemnify and hold harmless WPP and its directors, officers, employees, contractors, agents, suppliers, licensors, successors and assigns, from and against any and all losses, claims, causes of action, obligations, liabilities and damages whatsoever, including attorneys' fees, arising out of or relating to your access or use of the Service, any false representation made to us (as part of these Terms and Conditions or otherwise), or your breach of any of these Terms and Conditions.
License to Web Application
1. Subject to the terms of these Terms and Conditions, WPP grants you a non-transferable, non-exclusive license to use the web application in object code form only on an interactive wireless device that you own or control. You may not derive or attempt to derive the source code of all or any portion of any web application, permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate the web application or any part thereof. WPP and its licensors own and shall retain all intellectual property rights and other rights in and to the web application, and any changes, modifications, or corrections thereto.
NO REPRESENTATIONS OR WARRANTIES BY WPP
1. THE SERVICE, INCLUDING ALL IMAGES, AUDIO FILES AND OTHER CONTENT THEREIN, AND ANY OTHER INFORMATION, PROPERTY AND RIGHTS GRANTED OR PROVIDED TO YOU BY WPP ARE PROVIDED TO YOU ON AN “AS IS” BASIS. WPP AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, EITHER EXPRESS OR IMPLIED, AND ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WPP DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND RELATING TO ACCURACY, SERVICE AVAILABILITY, COMPLETENESS, INFORMATIONAL CONTENT, ERROR-FREE OPERATION, RESULTS TO BE OBTAINED FROM USE, OR NON-INFRINGEMENT. ACCESS AND USE OF THE SERVICE MAY BE UNAVAILABLE DURING PERIODS OF PEAK DEMAND, SYSTEM UPGRADES, MALFUNCTIONS OR SCHEDULED OR UNSCHEDULED MAINTENANCE OR FOR OTHER REASONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION ON TYPES OF DAMAGES/LIMITATION OF LIABILITY
1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WPP BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY) FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THE ACCESS OR USE OF, OR THE INABILITY TO ACCESS OR USE, THE SERVICE OR ANY PORTION THEREOF, INCLUDING BUT NOT LIMITED TO THE LOSS OF USE OF THE SERVICE, INACCURATE RESULTS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR DAMAGES STEMMING FROM LOSS OR CORRUPTION OF DATA OR DATA BEING RENDERED INACCURATE, THE COST OF RECOVERING ANY DATA, THE COST OF SUBSTITUTE SERVICES OR CLAIMS BY THIRD PARTIES FOR ANY DAMAGE TO COMPUTERS, SOFTWARE, MODEMS, TELEPHONES OR OTHER PROPERTY, EVEN IF WPP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WPP’S LIABILITY TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO $100. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
2. You understand and agree that we are providing you with a free service and entered into these Terms and Conditions with you in reliance upon the limitations of liability set forth in these Terms and Conditions, which allocate risk between us and form the basis of a bargain between the parties.
Termination
1. We may terminate your access and use of the Service immediately at any time, for any reason, and at such time you will have no further right to use the Service. Your use of the web application does not create an account with WPP, but you may delete any personal information that we retain about you as described in our Privacy Notice. Sections 1, 4, 5, and 7-14 of these Terms and Conditions shall survive any termination.
Trademarks
1. “WPP” and “Vanishing Emails” and all other trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or service marks of WPP or their respective owners, and certain of them are registered with the United States Patent and Trademark Office or other trademark authorities. Access and use of the Service does not grant or provide you with the right or license to reproduce or otherwise use the WPP name or any WPP or third-party trademarks, service marks, graphics, or logos.
Privacy
1. Use of the Service is also governed by our Privacy Notice, a copy of which is located at www.vanishingemails.com/privacy. By using the Service, you consent to the terms of the Privacy Notice.
Governing Law
1. These Terms and Conditions shall be governed by and construed under the laws of the State of New York, United States of America, excluding any conflict of laws provisions, regardless of your country of origin or where you access the Service.
Choice of Forum
1. All judicial proceedings relating to or arising out of these Terms and Conditions or the Service shall be brought in the state or federal courts sitting in New York County, New York. Both parties hereby consent to the personal jurisdiction of the state and federal courts sitting in New York County, New York, and waive any objections to venue in those courts.
Miscellaneous
1. These Terms and Conditions constitute the entire agreement between WPP and you concerning the subject matter hereof. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect. A waiver by WPP or you of any provision of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. WPP may assign its rights or obligations under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of WPP and you, and WPP's and your respective successors and permitted assigns.

Last revised on March 26^th, 2024