Terms of Service
BananaCrumbs, LLC., Terms of Service
Copyright © 2023-2024 BananaCrumbs, LLC. All rights reserved.
Should any part of these sections be deemed invalid, the remaining sections shall remain valid and in effect. Bananacrumbs’ affiliates, suppliers, licensors, and distributors are regarded as third-party beneficiaries to this section.
Thank you for using BananaCrumbs, LLC. services. The terms of services govern your use of our product.
- “MEMBER” to an arbitration shall be a mediator provided by the Maricopa County, Arizona, Superior Court.
- “APPLICATION PROGRAMMING INTERFACES” or “API” means BananaCrumbs, LLC. may include object code, software libraries, software tools, sample source code, published specifications, server connectivity and documentation. API shall include any future, updated or otherwise modified version(s) thereof published by BananaCrumbs, LLC.
- “DOCUMENTATION” includes but is not limited to articles, notices, materials, manuals, and information appropriate or necessary for use in connection with the API.
- “DOMAINS” refer to a unique address for a website.
- “EMAIL(S)” refer to messages sent electronically through Internet services provided by third parties.
- “SERVICE(S)” refer to BananaCrumbs, LLC.’s apps, websites, programs, updates and other products offered by us.
- “BENEFIT(S)” and “FEATURE(S)” refer to additional services for paying users of TempMail.
- “PACKAGE” refers to tiers of premium services offered by BananaCrumbs, LLC. for additional cost to currently provided, free services, or to services with different prices.
- “BANANACRUMBS ID” refers to a 24-letter ID that is obtained through our account website: https://passport.bananacrumbs.us
Mission and Business Model
Our mission is to provide niche Software as a Service models (SaaS) for individuals and enterprises.
We do not sell your data, as per the Privacy Policies of our services.
Who We Are
BananaCrumbs is a company, BananaCrumbs, LLC., registered in the state of Arizona. BananaCrumbs, LLC. owns and operates TempMail and all services related to TempMail.
Abuse of our Services
You agree to not abuse the API. Common API abuse includes, but are not limited to:
- Consistently being rate-limited by our servers.
- Intentionally trying to slow down, DDoS, or exploit the TempMail API.
- Using our API to create your own API or service.
- Scraping the data of our related websites and web services.
You agree to not use our services for an purposes which violate United States Code or Arizona Revised Statutes.
Account Usage and Responsibility Limits
YOU are responsible for keeping your BananaCrumbs Account ID and MFA token safe. When using your credentials in a program, ensure that, when the program is used, that the credentials are stored securely. For open-source projects, do not upload your credentials.
To use and purchase our products and services:
- You must be at least 18 (eighteen) years old in the United States, or of legal age in your jurisdiction.
- You are authorized to use our services if you are a legal entity or company and have permission to bind your entity to these terms.
Changes to Terms of Service
We reserve the right to change the Terms of Service at any time without notice.
We will post a notice on our websites https://bananacrumbs.us and https://tempmail.lol when updated, which will stay posted on the site for 1 (one) month after updating.
TempMail and BananaCrumbs as Brands
TempMail and BananaCrumbs reserves the right to manage, protect, and enhance our brand image(s) through continued enhancements, public relations articles, product line and service widening or deepening, product testing, and other various methods of brand management.
- Product testing
- We reserve the right to grant or revoke users’ options to be randomly selected at our discretion to test a new product or service produced by TempMail and BananaCrumbs.
- Declining or accepting to test new products or services will not effect a user’s ability to use or experience our services which are not in testing.
- Declining or accepting to test new products or services will not affect user’s premium services.
- We reserve the right to use any selection methods to let users test these services as either probability or non-probability methods including simple random sampling, convenience sampling, and more.
- We reserve the right to start and stop testing new products or services at any time.
TempMail and BananaCrumbs reserves the right to copyrighting new products or services before releases.
TempMail and BananaCrumbs reserves the right to have users sign Non-Disclosure Agreements (NDA’s) in relation to new products or services, which will come with their own terms and conditions when users sign to test a new product or service.
Premium (Paid) Products
“BananaCrumbs ID” and “Account” are interchangeable terms.
For information on accounts, please see https://bananacrumbs.us/faq
- TempMail Plus and TempMail Ultra plans offered by BananaCrumbs, LLC. include additional, premium benefits and features which paying users with a BananaCrumbs ID and TempMail Account may utilize.
- For more information on plans, please see https://tempmail.lol/pricing.html
- You may purchase time for BananaCrumbs services through our specific, linked pages in this agreement. These are not subscriptions, but rather an arbitrary amount of time added to your BananaCrumbs ID based on the package which you may select and pay for, which provides access to premium benefits and features once selected and paid for.
- Purchases are not automatically reoccurring.
- The time added to your BananaCrumbs ID is counted as an amount of days from payment acceptance depending on the selected package.
- BananaCrumbs, LLC. may occasionally offer temporary coupons, discounts, and more during arbitrary, announced periods of time for paid products and services. Specific terms and conditions of each promotion will be listed when the promotion is offered to users.
- Time gained for premium benefits and features after paying discounted price(s) during this promotion will not incur additional costs for users during the gained time once payment is processed and accepted.
- Users will not be able to gain additional time at a last given promotional price if the promotion expires. Users will need to wait until another promotion occurs if a date has passed which is specified in promotional terms and conditions to gain access to promotional prices again, which may be priced the same or different from the last promotion at the discretion of BananaCrumbs, LLC.
- We provide auctions for domains which we do not wish to keep.
- We reserve the right to terminate this service at any time.
- For more information on auctions, please see https://tempmail.lol/auction.html
- For more information on terms and conditions for auctions, please see https://tempmail.lol/auctions-terms-of-service.html
- After the given time on a service for your account runs out or expires, you will not be able to use the premium benefits and features on your account until you add more time to your BananaCrumbs ID.
- You may choose to add more time or not add more time at your discretion once your account is downgraded.
- Price changes
- We reserve the right to change the cost of any of our services; however, we will post an announcement 30 (thirty) days in advance on our website https://bananacrumbs.us as well as https://tempmail.lol/pricing.html
- Price changes may not exceed a 30% change (delta) to a new price.
- Prices may rise up to 30% or fall down to 30% of the original price(s) when we change our price(s).
- Certain packages may be negotiated between us and specific users if requested by our contact email linked on the pricing website.
- Refunds are automatically processed for BananaCrumbs IDs which were incorrectly entered in the payment page. You may not request a refund, unless required by law in your jurisdiction.
- Premium Termination
- We may stop offering premium features at any time, including in response to unforseen acts of god, or to comply with legal requirements in jurisdictions serviced by BananaCrumbs, LLC.
- If we terminate these services without cause, we will cancel your TempMail Plus and/or TempMail Ultra time and refund a prorated portion of any paid service equal to the remaining, unused time.
- If we terminate these services with cause in respect to these terms, we reserve the right to hold moneys used for TempMail Plus and/or TempMail Ultra time.
- Users not related to the TempMail Premium and/or TempMail Ultra account holder(s) of service(s) affected by terminations may be prompted messages saying they are unable to access TempMail and/or BananaCrumbs services at that time.
- You may submit an appeal at any time if you believe the action(s) was/were not in violation of these Terms of Service here: firstname.lastname@example.org
- Account Freezes / Temporary Suspensions
- We reserve the right to freeze and/or temporarily suspend TempMail Plus and/or TempMail Ultra users access to their accounts at any time.
- We will review the actions on your TempMail Plus and/or TempMail Ultra account(s) to determine if you have violated these Terms of Service at any time while your account is in a freeze / suspension.
We reserve the right to terminate your account at any time for any reason including, but not limited to, violating our Terms of Service.
We reserve the right to perform maintenance on our services at any time without notice.
- In the event of maintenance, we will post a notice on our websites: https://bananacrumbs.us and https://tempmail.lol
- Temporary downtime may occur during maintenance. During this time, you may not be able to access our services.
- We do not guarantee perfect service as temporary service outages may affect users’ experience in the course of business or personal usage.
- We may switch unrelated third party hosting providers which provide TempMail and BananaCrumbs service at any time for reasons including service termination, service closure, economic reasons, response to unforseen acts of god, or to comply with legal requirements in jurisdictions serviced by BananaCrumbs, LLC.
Third-party Website Terms
Any links to non-BananaCrumbs or non-BananaCrumbs owned third-party websites are subject to the terms of the third-party. We are not and will not be liable for any activities from these websites.
- USERS AGREE TO RESOLVE DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS SHALL BE SETTLED BY ARBITRATION IN MARICOPA COUNTY, ARIZONA, UNLESS OTHERWISE AGREED TO BY THE PARTIES INVOLVED, IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION, AND JUDGEMENT ENTERED UPON THE AWARE RENDERED MAY BE ENFORCED BY APPROPRIATE JUDICIAL ACTION.
- PLAINTIFFS MUST FILE A CERTIFICATE OF COMPULSORY ARBITRATION, INDICATING THE AMOUNT OF MONETARY DAMAGES.
- THE ARBITRATION PANEL SHALL CONSIST OF ONE MEMBER IF MEDIATION HAS OCCURRED, OR SHALL BE A PERSON AGREED TO BY EACH PARTY TO THE DISPUTE WITHIN 30 DAYS FOLLOWING THE NOTICE BY ONE PARTY THAT HE OR SHE DESIRES THAT A MATTER BE ARBITRATED.
- THE MEMBER OF THE ARBITRATION PANEL SHALL BE KNOWLEDGEABLE WITH RESPECT TO THE SUBJECT MATTER AREA OF INFORMATION TECHNOLOGY, AND WHO SALL BE KNOWLEDGEABLE WITH RESPECT TO THE SUBJECT MATTER AREA OF DISPUTE.
- HEARINGS MAY BE HELD AT THE ARIZONA BAR CENTER, THE ARBITRATOR’S PRIVATE OFFICE, OR THE OFFICE OF ONE OF THE LITIGANT’S ATTORNEY’S.
- THE ARBITRATION PANEL SHALL RENDER A DECISION WITHIN 30 DAYS FOLLOWING THE CLOSE OF PRESENTATION BY THE PARTIES OF THEIR CASES AND ANY REBUTTAL.
- THE PARTIES SHALL AGREE WITHIN 30 DAYS FOLLOWING SELECTION OF THE MEMBER OF THE PANEL TO ANY PREHEARING PROCEDURES OR FURTHER PROCEDURES NECESSARY FOR THE ARBITRATION TO PROCEED, INCLUDING INTERROGATORIES OR OTHER DISCOVERY.
- THE LOSING PARTY SHALL BEAR ANY FEES AND EXPENSES OF THE ARBITRATOR, OTHER TRIBUNAL FEES AND EXPENSES, REASONABLE ATTORNEYS’ FEES OF BOTH PARTIES, ANY COSTS OF PRODUCING WITNESSES AND ANY OTHER REASONABLE COSTS OR EXPENSES INCURRED BY THE LOSING PARTY OR SUCH COSTS SHALL BE ALLOCATED BY THE ARBITRATOR.
Intellectual Property Rights
ALL INTELLECTUAL PROPERTY RIGHTS OVER AND IN RESPECT OF THE PRODUCTS AND SERVICES PROVIDED BY BANANACRUMBS, LLC. ARE OWNED BY BANANACRUMBS, LLC. NO CLAUSES IN THESE TERMS AND CONDITIONS GIVES YOU THE RIGHT TO USE, REUSE, OR RESELL THE DOMAIN NAMES, LOGOS, SERVICES, OR TRADEMARKS OWNED BY BANANACRUMBS, LLC.
Software Use License
THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
IN NO EVENT SHALL BANANACRUMBS, LLC. BE LIABLE FOR ANY CLAIM, DAMAGES, ACTS OF GOD, OR OTHER LIABILITY, WHETHER IN AN ACT OF CONTRACT, TORT, OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
FAILURE TO IMMEDIATELY RESPOND TO NON-COMPLIANCE WITH THIS AGREEMENT DOES NOT MEAN THAT WE GIVE UP RIGHTS IN THESE TERMS
USERS AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS BANANACRUMBS, LLC., ITS PRODUCTS AND SERVICES FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, JUDGEMENTS, AWARDS, PUNITIVE DAMAGES, LOSSES, COSTS, EXPENSES, OR FEES (INCLUDING REASONABLE ATTORNEYS’ FEES) RESULTING FROM USERS’ CONTRIBUTIONS OR VIOLATION OF THESE TERMS AND CONDITIONS.
THESE TERMS AND CONDITIONS SHALL BE GOVERNED BY THE LAWS OF THE COUNTY OF MARICOPA, THE STATE OF ARIZONA, AND THE UNITED STATES OF AMERICA, WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS.