Effective Date: October 7, 2026
Last Updated: October 7, 2026

Acceptance of Terms

By downloading or using the Fackle Mail apps for Android or iOS (the "App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the App. These Terms apply only to the App; your use of the broader Fackle platform and website is governed by the main Fackle Terms of Service.

Description of the App

Fackle Mail is an email client that lets you read, send, organize, and manage email and contacts associated with your Fackle account.

Eligibility

To use the App you must be at least 18 years of age and a resident of the United States, excluding California. By using the App, you represent that you meet these requirements and have the legal capacity to accept these Terms.

Your Account

You need a Fackle account to use the App. You agree to:

  • Provide accurate information and keep your account secure.
  • Maintain the confidentiality of your password.
  • Notify us promptly of any unauthorized use of your account.
  • Accept responsibility for activity that occurs under your account.

Acceptable Use

You agree not to use the App or the email service to:

  • Send spam, unsolicited bulk messages, or unlawful content.
  • Infringe others' rights, impersonate others, or misrepresent your affiliation.
  • Transmit viruses, malware, or other harmful code.
  • Attempt to gain unauthorized access to our systems or other users' accounts.
  • Interfere with or disrupt the App, our servers, or the service.

Email you receive is sent by other people and is not reviewed or endorsed by us. You can report unwanted mail using the App's spam and junk controls, block senders, and delete messages at any time.

Email Service

We may collect statistical information about email usage, but we do not read the content of your emails. We may suspend email access for large-scale spamming.

Your Content

You retain ownership of the content of your email and contacts. We process that content only as needed to provide the App's features to you.

Account Deletion

You may delete your account at any time from the App's Settings or from our web page at https://www.fackle.com/apps/facklemail/delete-account. Deletion permanently removes your entire Fackle account, including your email, mailbox, saved contacts, and all other data associated with your Fackle account across Fackle's services, and cannot be undone. If you only want to stop using the Fackle Mail app, you can sign out instead rather than deleting your account.

App Store Distribution

You may obtain the App through the Google Play Store or the Apple App Store. The following additional terms apply based on where you obtained the App.

Google Play: If you obtained the App from the Google Play Store, your use of the App is also subject to the Google Play Terms of Service. Google is not a party to these Terms and is not responsible for the App or its content.

Apple App Store: If you obtained the App from the Apple App Store, you acknowledge and agree that:

  • These Terms are between you and Fackle only, not with Apple Inc. ("Apple"). Apple is not responsible for the App or its content.
  • Apple has no obligation to provide any maintenance or support services for the App. To the extent any maintenance or support is required, Fackle, not Apple, is solely responsible for providing it.
  • Fackle, not Apple, is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App; to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App.
  • Fackle, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar legislation.
  • In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, Fackle, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.
  • You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
  • You must comply with any applicable third-party terms of agreement when using the App.
  • Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

Disclaimers

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that the App will be uninterrupted, secure, or error-free.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP SHALL NOT EXCEED $100.

Indemnification

You agree to indemnify and hold harmless Fackle and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising out of your use of the App, your violation of these Terms, or your violation of any rights of another party.

Termination

We may terminate or suspend your access to the App if you use it in a manner that violates applicable law or these Terms. Upon termination, your right to use the App ceases immediately.

Changes to These Terms

We may modify these Terms from time to time. We will post the updated Terms with a new "Last Updated" date. Your continued use of the App after changes become effective constitutes acceptance.

Governing Law

These Terms are governed by the laws of the State of New York, without regard to conflict-of-law principles. Any disputes will be resolved in the courts of Broome County, New York.

Entire Agreement

These Terms, together with the Fackle Mail App Privacy Policy, constitute the entire agreement between you and us regarding the App.

Contact

If you have questions about these Terms, contact us through email at:

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By using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.