This Agreement is between you and Wilburn Pacific Company("we", "us"), and it covers Vortex, the optional sync service for SpamBlaster. It applies when you use Vortex. If you do not use Vortex, it does not apply to you.
Vortex is a service. SpamBlaster itself is software, and it is covered separately by the End User License Agreement. That distinction matters and we intend to keep it: the software runs on your computer and sends us nothing about your mail, whether or not you pay for anything. Vortex exists to move your own data between your own devices, at your instruction. Buying a service does not change what the software promises.
1. What Vortex does
Vortex copies your rules, safelist and blocked-mail history between the devices you connect to it, so that they stay the same on each one. The data is encrypted on your device before it reaches us, and it is decrypted only on your devices. We cannot read it. What we can and cannot see is set out in our Privacy Policy, which we have written to be specific rather than reassuring.
Vortex does not filter your mail. Filtering happens on your own computers, exactly as it does without Vortex.
2. Eligibility
Vortex requires an active Vortex plan and a SpamBlaster account. You are responsible for the devices you connect and for keeping your account sign-in secure.
3. Your recovery code
When you create a Vortex, SpamBlaster shows you a recovery code once. That code is what makes your data readable.
- We never receive it and we never store it. It is generated on your device and it is not sent to us. We cannot display it again, reset it, or send it to you.
- If you lose access to every connected device and you no longer have the recovery code, the data stored in Vortex cannot be recovered. Not by you, and not by us. This is a consequence of the encryption being genuine rather than a policy we could choose to relax.
- Keeping the recovery code somewhere safe is your responsibility. So is keeping at least one connected device, which is the ordinary way back in.
4. What we store
We store the encrypted data you send, the names you give your devices, the identifiers your devices generate, and the account the plan belongs to. Our Privacy Policy describes this in full, including the things we can infer from encrypted data without being able to read it. We have put that detail in one place on purpose, so that the two documents cannot come to disagree.
5. Availability
We provide Vortex on a reasonable-efforts basis. We do not promise any particular level of availability, and we may perform maintenance, change how the service works, or interrupt it.
If Vortex is unavailable, SpamBlaster keeps filtering your mail on each device and keeps its own local copy of your rules, safelist and history. Your devices simply stop agreeing with each other until the service returns. We built it that way deliberately: a sync outage should not be a mail outage.
We may discontinue Vortex. If we do, we will give reasonable notice and a period in which you can continue to use your devices normally, because each one already holds your data.
6. Acceptable use
Vortex is for storing your own SpamBlasterdata. Do not use it as general-purpose file storage, do not attempt to disrupt the service or access another customer's data, and do not use it to break the law. We may suspend accounts that do.
7. Cancellation, termination and your data
- You can stop at any time. Cancelling your plan is described in section 9 of the End User License Agreement, which covers payment, renewal and refunds for everything we sell.
- Your devices keep your data. Each connected device holds a complete local copy. Ending Vortex stops the copies being kept in step; it does not delete anything from your computers.
- What we delete. When your plan ends, or when you delete your Vortex, we delete the stored encrypted data within 30 days, along with the redundant copies our hosting keeps of it. Because we cannot read the data, deletion is the only thing we can usefully do with it.
- We may suspend or end your access if you materially breach this Agreement. Where the breach is something you can fix, we will say so first if it is reasonable to do that.
8. Disclaimer
Vortex is provided "AS IS" and "AS AVAILABLE", without warranty of any kind, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the service will be uninterrupted or error-free.
9. Limitation of liability
To the maximum extent permitted by law, we are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost data, or the cost of substitute services. Our total liability arising out of or relating to Vortex is limited to the amount you paid us for Vortex in the twelve months before the claim arose.
Some jurisdictions do not allow certain limitations, in which case those limitations apply only as far as the law allows.
10. Governing law
This Agreement is governed by the laws of the State of Washington, USA, without regard to its conflict-of-laws rules.
11. Changes
We may update this Agreement. If a change materially reduces your rights or materially changes what we do with your data, we will give notice before it takes effect, and continuing to use Vortex after that means you accept it. The date at the top of this page always reflects the current version.
12. Contact
Questions about Vortex or this Agreement? Contact us.