Terms of Service

Last updated: 25th May 2021

Firstly, thanks for using Big Mail. Like most businesses we have some Terms of Service which help protect our service and customers. It’s a little wordy, but if you have any questions, give us an email at [email protected].

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using Big Mail (the “Service”) operated by The Not So Big Company​​ (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Payments, Taxes and Refunds

You can acquire Content on our Services for free or for a charge, either of which is referred to as a “Transaction”. By each Transaction, you acquire a licence to use the Content only. Each Transaction is an electronic contract between you and Apple and us. However, if you are a customer of Apple Distribution International Ltd., Apple Distribution International Ltd. is the merchant of record for the Content you acquire from certain Services (e.g., Apple Books, App Store, etc.) as displayed on the product page and/or during the acquisition process for the relevant Service. In such case, you acquire the Content from Apple Distribution International Ltd., which is licensed by the Content provider (e.g., App Provider (as defined below), book publisher, etc.). When you make your first Transaction, we will ask you to choose how frequently we should ask for your password for future Transactions. If you enable Touch ID for Transactions, we will ask you to authenticate all Transactions with your fingerprint, and if you enable Face ID for Transactions, we will ask you to authenticate all Transactions using facial recognition. Manage your password settings at any time by following these instructions: https://support.apple.com/HT204030. Apple will charge your selected payment method (such as your credit card, debit card, gift card/code or other method available in your Home Country) for any paid Transactions, including any applicable taxes. If you have also added it to your Apple Wallet, Apple may charge your selected payment method in Apple Wallet using Apple Pay. If we cannot charge your selected payment method for any reason (such as expiration or insufficient funds), you remain responsible for any uncollected amounts, and we will attempt to charge the payment method again as you may update your payment method information. If you pre-order Content, you will be charged when the Content is delivered to you (unless you cancel prior to the Content’s availability). In accordance with local law, Apple may update information regarding your selected payment method, if provided such information by your financial institution. For details about how Transactions are billed, please visit https://support.apple.com/HT201359. You agree to receipt of all invoices in an electronic format, which may include email. Content prices may change at any time. If technical problems prevent or unreasonably delay delivery of Content, your exclusive and sole remedy is either replacement of the Content or refund of the price paid, as determined by Apple. From time to time, Apple may refuse a refund request if we find evidence of fraud, refund abuse or other manipulative behaviour that entitles Apple to a corresponding counterclaim. Terms related to store credit and gift cards/codes are available here: https://www.apple.com/legal/internet-services/itunes/giftcards/.

Right of cancellation: If you choose to cancel your order, you may do so within 14 days of when you received your receipt, without giving any reason.

To cancel your order, you must inform Apple of your decision. To ensure immediate processing we recommend you use Report a Problem to cancel all items. Subscription services can only be cancelled following the initial subscription and not upon each automatic renewal. You also have the right to inform Apple using the model cancellation form below or by making any other clear statement. If you use Report a Problem Apple will communicate acknowledgement of receipt of your cancellation to you without delay.

To meet the cancellation deadline, you must send your communication of cancellation before the 14-day period has expired.

Effects of cancellation: We will reimburse you no later than 14 days from the day on which we receive your cancellation notice. We will use the same means of payment as you used for the transaction, and you will not incur any fees for such reimbursement.

Exception to the right of cancellation: You cannot cancel your order for the supply of Content if the delivery has started upon your request and acknowledgement that you thereby lose your cancellation right.

Model cancellation form:

  • To Apple Distribution International Ltd., iTunes Store Customer Support, Hollyhill Industrial Estate, Hollyhill, Cork, Republic of Ireland:
  • I hereby give notice that I withdraw from my contract for the following: INSERT ORDER ID, ITEM, ARTIST AND TYPE
  • Ordered on [INSERT DATE] / received on [INSERT DATE]
  • Name of consumer
  • Address of consumer
  • Email address of consumer (optional)
  • Date

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Account

Using our Services and accessing your Content may require an Apple ID. An Apple ID is the account you use across Apple’s ecosystem. Your account is valuable, and you are responsible for maintaining its confidentiality and security. We are not responsible for any losses arising from the unauthorised use of your account. Please contact Apple if you suspect that your account has been compromised.

You must be age 13 (or equivalent minimum age in your Home Country, as set forth in the registration process) to create an account and use our Services. Apple IDs for persons under this age can be created by a parent or legal guardian using Family Sharing or by an approved educational institution.

Privacy

Your use of our Services is subject to Apple’s Privacy Policy, which is available at https://www.apple.com/legal/privacy, and our privacy policy.

Services and Content Usage Rules

Your use of the Services and Content must follow the rules set forth in this section (“Usage Rules”). Any other use of the Services and Content is a material breach of this Agreement. Apple may monitor your use of the Services and Content to ensure that you are following these Usage Rules.

  • You may use the Services and Content only for personal, noncommercial purposes (except as set forth in the App Store Content section below).
  • Apple’s delivery of Services or Content does not transfer any commercial or promotional use rights to you, and does not constitute a grant or waiver of any rights of the copyright owners.
  • You can use Content from up to five different Apple IDs on each device.
  • For any Service, you can have up to 10 devices (but only a maximum of 5 computers) signed in with your Apple ID at one time, though simultaneous streams or downloads of Content may be limited to a lower number of devices as set out below under Apple Music and Apple TV content. Each computer must also be authorized using the same Apple ID (to learn more about authorization of computers, visit https://support.apple.com/HT201251). Devices can be associated with a different Apple ID once every 90 days.
  • Manipulating play counts, downloads, ratings, or reviews via any means — such as (i) using a bot, script, or automated process; or (ii) providing or accepting any kind of compensation or incentive — is prohibited.
  • It is your responsibility not to lose, destroy or damage Content once downloaded. We encourage you to back up your Content regularly.
  • You may not tamper with or circumvent any security technology included with the Services.
  • You may access our Services only using Apple’s software, and may not modify or use modified versions of such software.

Downloads

You may be limited in the amount of Content you may download, and some downloaded Content may expire after a given amount of time after downloaded or first played. Certain Content may not be available for download at all.

You may be able to redownload previously acquired Content (“Redownload”) to your devices that are signed in with the same Apple ID (“Associated Devices”). You can see Content types available for Redownload in your Home Country at https://support.apple.com/HT204632. Content may not be available for Redownload if that Content is no longer offered on our Services.

Subscriptions

The Services and certain Apps may allow you to purchase access to Content or Services on a subscription basis (“Paid Subscriptions”). Paid Subscriptions automatically renew until cancelled in the Manage Subscriptions section of your account settings. To learn more about cancelling your subscriptions, visit https://support.apple.com/HT202039. We will notify you if the price of a Paid Subscription increases and, if required, seek your consent to continue. You will be charged no more than 24 hours prior to the start of the latest Paid Subscription period. If we cannot charge your payment method for any reason (such as expiration or insufficient funds), and you have not cancelled the Paid Subscription, you remain responsible for any uncollected amounts, and we will attempt to charge the payment method as you may update your payment method information. This may result in a change to the start of your next Paid Subscription period and may change the date on which you are billed for each period. We reserve the right to cancel your Paid Subscription if we are unable to successfully charge your payment method to renew your subscription. Certain Paid Subscriptions may offer a free trial prior to charging your payment method. If you decide to unsubscribe from a Paid Subscription before we start charging your payment method, cancel the subscription at least 24 hours before the free trial ends.

If you start a free trial to a Paid Subscription offered by Apple as Content provider (an “Apple Paid Subscription”) and cancel before it ends, you cannot reactivate the free trial.

Free trials or free offers to Apple Paid Subscriptions, excluding iCloud, cannot be combined with any free trials or offers of Apple One. If you are in a free trial or free offer for any Apple Paid Subscriptions, and you subscribe to Apple One, your free trial(s) or offer(s) will not be paused even if you have access to such Apple Paid Subscription(s) through your Apple One subscription. You acknowledge that your free trial or free offer may expire while you are a Paid Subscriber to Apple One, and Apple shall have no obligation to reinstate, reimburse, or otherwise compensate you for any part of such expired free trial or free offer.

When your Paid Subscription to any Service ends, you will lose access to any functionality or Content of that Service that requires a Paid Subscription.

Content and Service availability

Terms found in this Agreement that relate to Services, Content types, features or functionality not available in your Home Country are not applicable to you, unless and until they become available to you. To see the Content types available to you in your Home Country, go to the Services or visit https://support.apple.com/HT204411. Certain Services and Content available to you in your Home Country may not be available to you when traveling outside of your Home Country.

Licensed Application End User License Agreement

Apps made available through the App Store are licensed, not sold, to you. Your licence to each App is subject to your prior acceptance of either this Licensed Application End User Licence Agreement (“Standard EULA”), or a custom end user licence agreement between you and the Application Provider (“Custom EULA”), if one is provided. Your licence to any Apple App under this Standard EULA or Custom EULA is granted by Apple, and your licence to any Third Party App under this Standard EULA or Custom EULA is granted by the Application Provider of that Third Party App. Any App that is subject to this Standard EULA is referred to herein as the “Licensed Application”. The Application Provider or Apple as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.

a. Scope of Licence: Licensor grants to you a nontransferable licence to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules. The terms of this Standard EULA will govern any content, materials or services accessible from or purchased within the Licensed Application, as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicence the Licensed Application and, if you sell your Apple Device to a third party, you must remove the Licensed Application from the Apple Device before doing so. You may not copy (except as permitted by this licence and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the Licensed Application, any updates or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).

b. Consent to Use of Data: You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software and peripherals—that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

c. Termination: This Standard EULA is effective until terminated by you or Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms.

d. External Services: The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, “External Services”). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.

e. NO WARRANTY: Licensor will use reasonable care and skill with respect to the provision of the Licensed Application and any External Services performed or provided by the Licensed Application to you. Licensor does not make any other promises or warranties about the External Services and in particular does not warrant that:

(i) your use of the External Services will be uninterrupted or error-free;

(ii) the External Services will be free from loss, corruption, attack, viruses, interference, hacking or other security intrusion, and Licensor disclaims any liability relating thereto. You shall be responsible for backing up your own system, including any Licensed Application that is stored on your system.

f. Limitation of Liability:

(i) Except as set out in section (ii) hereunder, in no case shall Licensor, its directors, officers, employees, affiliates, agents, contractors, principals or licensors be liable for any loss or damage caused by Licensor, its employees or agents where:

(1) there is no breach of a legal duty of care owed to you by Licensor or by any of its employees or agents;

(2) it is not a reasonably foreseeable result of any such breach;

(3) any increase in loss or damage results from breach by you of any term of this End User Licence Agreement (“Agreement”);

(4) it results from a decision by Licensor to warn you, to suspend or terminate your access to the External Services or to take any other action during the investigation of a suspected violation or as a result of Licensor’s conclusion that a violation of this Agreement has occurred;

(5) it relates to loss of income, business or profits or any loss or corruption of data in connection with your use of the Licensed Application.

(ii) Nothing in this Agreement removes or limits Licensor’s liability for fraud, gross negligence, wilful misconduct or for death or personal injury caused by its negligence.

g. You may not use or otherwise export or re-export the Licensed Application except as authorised by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missile or chemical or biological weapons.

h. The Licensed Application and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

i. Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Apple shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:

If you are a resident of any European Union country or the United Kingdom, Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.

Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.

H. ADDITIONAL TERMS FOR CERTAIN CONTENT ACQUIRED FROM THIRD PARTIES

Some Content available in certain Services are acquired by You from the third-party provider of such Content (as displayed on the product page and/or during the acquisition process for the relevant Content), not Apple. For example, Apple Books Content is acquired from book publishers, not Apple. In such case, Apple acts as an agent for the Content provider in providing the Content to you, and therefore Apple is not a party to the Transaction between you and the Content provider. However, if you are a customer of Apple Distribution International Ltd., Apple Distribution International Ltd. is the merchant of record for the Content you acquire from certain Services (e.g., Apple Books), but such Content is licensed by the Content provider. The Content provider reserves the right to enforce the terms of use relating to such Content. The Content provider is solely responsible for such Content, any warranties to the extent that such warranties have not been disclaimed, and any claims that you or any other party may have relating to such Content.

Definition of Apple

Depending on your Home Country, “Apple” means:

Apple Inc., located at One Apple Park Way, Cupertino, California, for users in the United States, including Puerto Rico;

Apple Canada Inc., located at 120 Bremner Blvd., Suite 1600, Toronto ON M5J 0A8, Canada for users in Canada;

Apple Services LATAM LLC, located at 1 Alhambra Plaza, Ste 700 Coral Gables, Florida, for users in Mexico, Central or South America, or any Caribbean country or territory (excluding Puerto Rico);

iTunes K.K., located at Roppongi Hills, 6-10-1 Roppongi, Minato-ku, Tokyo 106-6140, Tokyo for users in Japan;

Apple Pty Limited, located at Level 3, 20 Martin Place, Sydney NSW 2000, Australia, for users in Australia or New Zealand, including in any of their territories or affiliated jurisdictions; and

Apple Distribution International Ltd., located at Hollyhill Industrial Estate, Hollyhill, Cork, Republic of Ireland for all other users.

Contract Changes

We reserve the right at any time to modify this Agreement and to add new or additional terms or conditions on your use of the Services. Such modifications and additional terms and conditions will be communicated to you and, if accepted, will be effective immediately and will be incorporated into this Agreement. In the event you refuse to accept such changes, We will have the right to terminate the Agreement.

Intellectual Property

You agree that the Services, including but not limited to Content, graphics, user interface, audio clips, video clips, editorial content and the scripts and software used to implement the Services, contain proprietary information and material that is owned by us, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever, except for use of the Services for personal, noncommercial uses in compliance with this Agreement. No portion of the Services may be reproduced in any form or by any means, except as expressly permitted by this Agreement. You agree not to modify, rent, loan, sell or distribute the Services or Content in any manner, and you shall not exploit the Services in any manner not expressly authorised.

The Apple name, the Apple logo, iTunes, iTunes Store, App Store, Apple Books, Apple Music, Apple TV, Apple TV+, Apple Arcade, Apple News, Apple News+, Apple One, Apple Podcasts, Apple Fitness+, and other Apple trademarks, service marks, graphics, and logos used in connection with the Services are trademarks or registered trademarks of Apple in the U.S. and other countries throughout the world. You are granted no right or licence with respect to any of the aforesaid trademarks.

Unless otherwise noted, Services and Content provided by The Not So Big Company and Apple.

DISCLAIMER OF WARRANTIES; LIABILITY LIMITATIONS

a. We will provide the Services with reasonable care and skill. We do not make any other promises or warranties about the Services and in particular does not warrant that:

(i) your use of the Service will be uninterrupted or error-free. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Services at any time for technical or operational reasons and will, to the extent practicable, notify you of this;

(ii) the Services will be free from loss, corruption, attack, viruses, interference, hacking or other security intrusion which shall be events of Force Majeure, and we disclaim any liability relating thereto. You shall be responsible for backing up your own system, including any Content purchased, acquired or rented from the Service.

b. Except as set out in (d) below, or in the event that you are exercising any applicable statutory right to refund or compensation, in no case shall we, its directors, officers, employees, affiliates, agents, contractors or licensors be liable for any loss or damage caused by us, its employees or agents where:

(i) there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;

(ii) it is not a reasonably foreseeable result of any such breach;

(iii) any increase in injury, loss or damage results from breach by you of any term of this Agreement;

(iv) it results from a decision by our to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to the Service or to take any other action during the investigation of a suspected violation or as a result of our conclusion that a violation of this Agreement has occurred; or

(v) it relates to loss of income, business or profits or any loss of data or corruption of data in connection with your use of the Services.

c. We shall use reasonable efforts to protect information submitted by you in connection with the Services including from fraudulent use.

d. Nothing in this Agreement removes or limits our liability for fraud, gross negligence, wilful misconduct or for death or personal injury.

e. If you breach this Agreement, you will be liable to us, its directors, officers, employees, affiliates, agents, contractors and licensors for any claim arising out of your breach. You will also be liable for any action taken by us as part of its investigation of a suspected violation of this Agreement, or as a result of its findings or decision that a violation of this Agreement has occurred.

WE ARE NOT RESPONSIBLE FOR DATA CHARGES YOU MAY INCUR IN CONNECTION WITH YOUR USE OF THE SERVICES.