Terms of Service

You may use our Services and Apps only if you are 13 years or older and are not barred from using our Services and Apps under applicable law.

Our Privacy Policy explains how we treat your personal data and protect your privacy when you use our Services and Apps. By using our Services and Apps, you agree that we can use such data in accordance with our Privacy Policy.

Our Services and Apps, including, but not limited to, our websites, our applications and all other software, text, images, graphics, files and any other content are owned and copyrighted by Massimo Moiso and its licensors, and are protected worldwide. We retain all right, title and interests in and to all of our Services and Apps and any portion thereof, including, without limitation, all patent rights, copyrights, trademarks, service marks, trade secrets and other intellectual property rights, any derivative work of our Services and Apps, and any Update or Upgrade, and any copies thereof, regardless of the form or media in or on which the original or other copies may subsequently exist. When referring to "Update or Upgrade" in this agreement, we include any modification, error correction, bug fix, new release, upgrade, patch or other update to or for any of our Services and Apps. You agree to take any action reasonably requested by us to evidence, maintain, enforce or defend the foregoing. You shall not take any action to jeopardize, limit or interfere in any manner with our ownership of an and rights with respect to any of our Services and Apps, or any derivative work, Update or Upgrade. This license is not a sale of the original or any backup copy. All rights are reserved unless otherwise noted.

We make reasonable efforts to ensure the integrity of any of our Services and Apps, but we are not responsible for mistakes, old information, inaccuracies, and other errors. We reserve the right to change, suspend, remove, or disable access to any of our Services and Apps at any time without notice without being hold accountable for these changes.

When using an account with our Services and Apps, we provide access to the content as an accommodation only, and such content may be deleted at any time for any reason. We do not warrant, and will not have any liability or responsibility for, your use of our Services and Apps. We may also add, remove or change the limitations of use or access to certain portions of our Services and Apps, for any reason and without notice or liability.

When building our Services and Apps, we choose reliable partners to provide the service. Regardless, any of our Services and Apps may become unavailable from time to time due to technical, telecommunication, software or any other kind of failures. We cannot predict or control when this may occur and we are not able to control the duration.

OUR SERVICES AND APPS (INCLUDING, WITHOUT LIMITATION, OUR APPLICATIONS, SOFTWARE, PRODUCTS, SERVICES AND WEBSITES) ARE PROVIDED "AS IS" AND WITH ALL FAULTS. WE MAKE NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE COMPLETENESS, ACCURACY, ADEQUACY, SUITABILITY, FUNCTIONALITY, AVAILABILITY, OR OPERATION OF OUR SERVICES AND APPS. YOU ACKNOWLEDGE THAT WE DO NOT HAVE CONTROL OVER YOUR USE OF OUR SERVICES AND APPS, AND WE DO NOT WARRANT THE PERFORMANCE OR RESULTS THAT MAY BE OBTAINED THROUGH YOUR USE. YOU ASSUME ALL RISKS AND RESPONSIBILITY FOR YOUR USE OF OUR SERVICES AND APPS AND FOR ANY LOSS OF OR ERRORS IN ANY DATA OR INFORMATION. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF SERVICES AND APPS WILL NOT INFRINGE THE RIGHTS OF ANY THIRD PARTIES, NOR THAT OUR SERVICES AND APPS WILL BE AVAILABLE FOR YOUR ACCESS OR USE, NOR THAT OPERATION OF OUR SERVICES AND APPS WILL BE ERROR FREE OR UNINTERRUPTED. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN ADDITION, YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

YOUR USE OF OUR SERVICES AND APPS IS AT YOUR OWN RISK. NEITHER MASSIMO MOISO NOR ANY OF ITS PARENTS, SUBSIDIARIES OR AFFILIATES, NOR ANY OF THEIR EMPLOYEES, OFFICERS OR DIRECTORS, SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR INFORMATION OF ANY KIND, LOSS OF BUSINESS, LOST PROFITS, INTERRUPTION OF BUSINESS, COST OF COVER OR ANY OTHER DAMAGES) ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE USE OR INABILITY TO USE ANY OF OUR SERVICES AND APPS, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

You agree, at your own expense, to indemnify, defend and hold harmless Massimo Moiso, its parents, subsidiaries and affiliates, and their officers, directors, employees, agents, distributors and licensees, from and against any judgments, losses, deficiencies, damages, liabilities, costs, claims, demands, suits, and expenses (including, without limitation, reasonable attorneys' fees, expert witness fees and expenses) incurred in, arising out of or in any way related to your breach of this Agreement, your use of our Services and Apps, or any of your other acts or omissions.

This Agreement is effective unless and until terminated as expressly provided herein. We may terminate this Agreement at any time and may do so immediately without notice, without any liability to you, and accordingly deny you access to any of our Services and Apps, in our sole discretion, if you have failed or we suspect you have failed to comply with any term or provision of this Agreement. Upon any termination of this Agreement, you must promptly destroy all materials downloaded or otherwise obtained from us, as well as all copies of such materials. Termination of this Agreement shall not act as a waiver of any breach of this Agreement and shall not release you from any liability for breach of your obligations under this Agreement.

This Agreement may not be assigned, in whole or part, whether voluntarily, by operation of law or otherwise, by you without our prior written consent. Subject to the preceding sentence, the rights and liabilities of the parties hereto is binding on, and shall inure to the benefit of, the parties and their respective successors and assigns. Any attempted assignment other than in accordance with this section shall be null and void.

Nothing contained in this Agreement shall be deemed or construed as creating a joint venture, partnership, agency, employment or fiduciary relationship between the parties. Neither party nor their agents have any authority of any kind to bind the other party in any respect whatsoever, and the relationship of the parties is, and at all times shall continue to be, that of independent contractors.

This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior or contemporaneous representations, discussions, proposals, negotiations, conditions, agreements and communications, whether oral or written, between the parties relating to the subject matter of this Agreement and all past courses of dealing or industry custom. No amendment or modification of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized signatory of Massimo Moiso and you.

Some of our Services and Apps may be limited to specific countries and may not be available in specific parts of the world, even to accounts that have been created in a territory where our Services and Apps are available.

We control and operate all of our Services and Apps from Italy. All servers that support our Services and Apps are located in various location around Europe. We make no representations or warranties that our Services and Apps are appropriate for use or access in other locations. If you access and use our Services and Apps outside of the European Union, you do so on on your own initiative and you are responsible for complying with your country's local laws and regulations, if and to the extent such laws are applicable.

Our Privacy Policy explains how we treat your personal data and protect your privacy when you use Service and Apps offering cloud storage capabilities. By using the Service, you agree that we can use such data in accordance with our Privacy Policy.

We are not liable for any content uploaded by you to the Service. We do not control, verify, or endorse the content that you upload, thus cannot guarantee the accuracy, integrity, or quality of such content.

You agree to indemnify, defend, and hold harmless Massimo Moiso, his affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Service, violation of these Terms of Service, or infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms of Service. Upon termination, your right to use the Service will cease immediately.
If your access to the Service is terminated by us, we will notify you after the termination has taken place. Depending on the reason for termination and at our sole discretion, you may be granted the opportunity to retrieve your stored data. If such an opportunity is granted, it will be provided as a single downloadable file, which will be available for a limited time specified by us. After this period, your data may no longer be accessible and could be permanently deleted from the our servers.
You have the right to terminate your account at any time by following the procedures detailed on the Service's platform. Upon voluntary termination by you, your right to use the Service will cease immediately.
We reserve the right, but we have no obligation, to retain archived copies of your data as required by law or for legitimate business purposes to the extent permitted by law.

You can cancel your subscription at any time. Upon cancellation, your account will revert to the free service level after the current subscription period expires. For details on how to cancel your subscription or disable auto-renewal, please refer to the specific instructions provided for each product listed above.

We do not provide refunds for subscriptions in any circumnstance. If you decide to discontinue using one of our Services and Apps, you may cancel your subscription at any time. Following cancellation, we will cease billing you, and your account will be downgraded in accordance with the "Cancellation Policy" outlined in this Agreement.

When purchasing through a 3rd-party Store, the account you are using to authenticate with the Store will retain access to the Feature Set, even through future updates of the app.

As we continue to update and enhance our Services and Apps, we plan to release new Feature Sets. These updates will not impact your existing purchases; you will retain access to the features you have already paid for, regardless of any new versions that become available.

Access to the Feature Sets you have purchased may only be lost under the following conditions:

• To keep our Services and Apps up-to-date with the latest technologies, we may occasionally need to remove (or deprecate) a feature or an entire Feature Set. Should this occur, we will proactively inform all affected users. Additionally, we may offer a migration path, which could include the option to purchase a different Feature Set at a discounted rate or potentially offer it free of charge. The decision to offer these options and at what discount, if any, will be made at our discretion.
• We reserve the right to disable Feature Sets for various technical reasons, including but not limited to malfunctions, security issues, or damage to hardware or software. Should such circumstances arise, we will proactively inform all affected users. We may also offer a migration path, providing options such as purchasing another Feature Set at a discounted price or potentially offering it free of charge. Please note that the availability and terms of these options will be determined at our discretion.

When you purchase a Feature Set through a 3rd-party Store that allows you to share your purchases with members of your family or household, this Agreement applies to them as well. While we encourage you to share the Feature Sets you've purchased within the terms permitted by the Store hosting our Services and Apps, it is your responsibility to ensure that they have read and agreed to this Agreement.

When making a purchase through a 3rd-party Store, you may be eligible for a refund for one or more of the Feature Sets, in accordance with the policies of the Store. We do not issue refunds directly. If you decide to request a refund and it is approved by the 3rd-party store, you will immediately lose access to the content you had previously purchased.

When purchasing through a 3rd-party Store, the account you are using to authenticate with the Store will retain access to the Full Version, even through future updates of the same store listing.

As we continue to update and enhance our Services and Apps, we may introduce new store listings for updated versions of a Service or App. This action will not affect your existing purchases in terms of access retention, as stipulated by the 3rd-party Store's policies.

We reserve the right to remove the store listing for any of our Services and Apps at any time without prior notice to you. Should this occur, you will continue to have access to your existing purchases in accordance with the policies of the 3rd-party Store.

When you purchase through a 3rd-party Store that allows you to share your purchases with members of your family or household, this Agreement applies to them as well. While we encourage you to share the Services and Apps you've purchased within the terms permitted by the Store hosting our Services and Apps, it is your responsibility to ensure that they have read and agreed to this Agreement.

When making a purchase through a 3rd-party Store, you may be eligible for a refund for one or more of our Services and Apps, in accordance with the policies of the Store. We do not issue refunds directly. If you decide to request a refund and it is approved by the 3rd-party store, you will immediately lose access to the content you had previously purchased.